The Federal Court recently released its decision in respect of the AER's action against Stanwell Corporation for breach of the rebidding provisions of the National Electricity...
While there has been much press that the Centro decision has lifted the bar in relation to directors actively examining and questioning information contained in financial statements rather than...
As of 1 July 2011, the UK Bribery Act 2010 (the Bribery Act) comes into effect. It dramatically rewrites the UK...s bribery and anti-corruption laws, creates an extra territorial operation for...
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On 5 July 2011, the Federal Government released the Tax Laws Amendment (2011 Measures No. 7) Bill 2011: companies' non-compliance with PAYG withholding and superannuation guarantee obligations (the
In the August 2010 edition of Acumen, we outlined the key features of the new Building and Construction Industry Security of Payment Act 2009 (SA). It was anticipated that the Act would come into...
Are you aware of the new generic Top Level Domains launch by the Internet Corporation for Assigned Names and Numbers (ICANN)? It has been claimed that this launch will revolutionise and change the...
In our December 2010 issue of Acumen, we published an article summarising the Exposure Draft - Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 and...
On 12 April ASIC issued a Consultation Paper and draft Regulatory Guide concerning new proposals to give guidance on the ...clear, concise and effective... requirement for prospectuses, as well as...
The Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 was introduced before Parliament on 23 February 2011. As the debate on the Bill was adjourned...
This update gives an overview of two major developments in Australian carbon markets. The Carbon Price Mechanism, or carbon tax, is expected to be the foundation for emissions trading in three to...
On 4 March 2011, the Australian Government released a discussion paper on Improving the taxation of trust income (Discussion Paper). This followed the announcement by the Assistant Treasurer on...
A recent Federal Court judgment in the long running Lehman Bros cdo battle royale, Wingecarribee Shire Council & Ors v Lehman Bros Aus Limited (in liq) 1, looked at, in part, the risks that arise...
Subcontractors now have direct rights against Principal...
On 24 March 2011, the Federal Government introduced the much-debated anti-competitive price disclosure Bill into Parliament....While the law is intended to apply to the banking sector only, there...
As foreshadowed in the December 2010 edition of Acumen, on 21 March 2011 the UK Takeover Panel Code Committee issued a Consultation Paper on a number of proposed amendments to The Takeover Code...
On 30 March 2011, the Australian Securities and Investments Commission issued updated Regulatory Guides on Related party transactions (RG 76), Content of expert reports (RG 111) and Independence of...
The new employee share scheme (ESS) provisions, contained in Division 83A of the Income Tax Assessment Act 1997 (Cth) (1997 Act), apply from...
ASIC's victory in the Full Federal Court in ASIC v Fortescue1 fell short of being resounding. Two of the judges (Keane CJ and Emmett J) queried whether it was worth ASIC's effort given there was no
The PPSA is a fundamental overhaul of the existing regime for taking and granting security over personal property (excluding land). The changes will affect nearly all businesses, particularly...
The recent decision of the full bench of the Federal Court in Leveraged Equities Ltd v Goodridge1 has unanimously overturned the contentious first instance decision of Rares J2 and, in doing so...
Mr Goodridge has lodged an application for special leave to appeal to the High Court in respect of the Full Federal Court's decision in Leveraged Equities Limited v
Many commercial contracts provide for an independent expert to resolve disputes of a financial nature. In drafting these dispute resolution clauses it is common to provide that if the parties...