For most organisations, termination issues arise on a routine basis due to changes affecting the business - for example, as a result of recent acquisitions or expansion. Where this occurs there is
Issuers of Product Disclosure Statements (PDS) often rely on ASIC Class Order 03/237 to update information in a PDS. However, issuers need to be aware of limits on the updates to PDS information...
This article discusses the appeal rights of parties under the new uniform commercial arbitration law with specific reference to the Commercial Arbitration Act 2011 (SA) which commenced operation...
In March of this year, ASIC released an updated version of "Regulatory Guide 46 Unlisted property schemes: Improving disclosure for retail investors", including updates to the eight disclosure
A new Practice Note governing discovery and disclosure processes in the Equity Division of the Supreme Court of New South Wales commenced on 26 March 2012. In the absence of exceptional...
The JWS Corporate Counsel Seminar on 30 May offered insights into the ACCC's proceedings against Google, which alleged that Google had engaged in misleading and deceptive
This note examines what strategies are available to suppliers where a reduction in supply price is not commercially viable, and what to do when one of your customers' heavy discounting results in
On 13 June 2012 the Internet Corporation for Assigned Names and Numbers (ICANN) released a list of the applications it has received for new top level...
The decision of the High Court in the James Hardie litigation has important implications for non-executive directors (and those who advise them), for general counsel, company secretaries and others...
On 16 May 2012, the Parliamentary Joint Committee on Corporations and Financial Services (Committee) tabled its report on its inquiry in relation to the collapse of Trio Capital the largest
The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was introduced to Parliament on 23 May 2012. The Bill amends the Privacy Act 1988 (Act) and implements the Government...s first stage...
The confidentiality of commercially sensitive information can be jeopardised by the operation of s 275 of the PPSA. If any document contains provisions which constitute a "security interest" for the
On 28 March 2012, the Commissioner issued Draft Taxation Ruling TR 2012/D1 (the Draft Ruling) which sets out the Commissioner's views, in draft, in respect of the meaning of'income of the trust
On 28 May 2012 (subject to the passage of legislation through State parliaments), a new national business names register will commence, allowing businesses to register their name nationally through...
The Senate Committee has handed down its report on the Credit Reporting Exposure Draft Bill. The Draft Bill is the second of four parts of the Government's first stage response to the Australian...
The Chairman of the Australian Competition and Consumer Commission, Rod Sims, has recently announced the Commission's key goals for 2012 and outlined the five 'high level objectives
This article considers the decision of the New South Wales Supreme Court of Appeal in Chase Oyster v Hamo. The case is authority for the supervisory jurisdiction of courts being available to quash...
In January, the Corporations and Markets Advisory Committee (CAMAC) published its report on the definition of derivatives under the Corporations Act 2001 (Cth). The report was prepared at the...
The Clean Energy Futures package announced in 2011 includes the carbon pricing mechanism, the new $10 billion Clean Energy Finance Corporation, the $1.2 billion Clean Technology Program and the...
This article discusses the implications of the Federal Court decision in the case brought by Optus against the NRL and the AFL in relation to Optus' "TV Now...
On 12 December 2011, the Australian Securities and Investments Commission published guidance Regulatory Guide 230...on the use of financial information prepared other than in accordance with...
On 21 December 2011, the Commissioner of Taxation issued Draft Taxation Ruling TR 2011/D8 (Draft TR) on 'Section 254T of the Corporations Act and the assessment and franking of dividends paid
The Personal Property Securities Act (PPSA) and Personal Property Securities Register (PPSR) took effect on 30 January 2012. The PPSA and PPSR have replaced a large number of Commonwealth, State...
The Government's carbon pricing scheme commences on 1 July 2012. This article outlines the competition and consumer law compliance implications of the "carbon tax" that are relevant to virtually