Determining whether legal professional privilege applies to the communications of in-house counsel has traditionally involved the preliminary question as to whether the employed lawyer is...
The High Court of Australia recently considered two issues relating to a liquidator's power to disclaim a lease granted by the company in liquidation. The first issue was whether a lease is a...
Conflicting decisions on the nature of multi-channel distribution models - the ANZ and Flight Centre cases - Two recent Federal Court decisions provide contradictory and irreconcilable conclusions...
The year in Australia for foreign bribery and corruption matters has been mixed. While the singular Securency prosecution has become delayed in legal argument with the committal hearing yet to be...
There have been a number of recent developments in Australia and overseas in relation to the risks associated with foreign bribery and corruption. Please insert this Update behind the Updates tab...
The position in Australia and the EU -- The ACCC's Immunity Policy is a crucial tool for detecting illegal cartel conduct by providing incentives for cartel participants to 'blow the whistle' and
In this article we look at some of the areas of law relevant to social media (intellectual property, privacy, media and defamation, consumer protection and employment, as well as continuous...
On 16 August 2013, the ASX released two consultation papers in relation to its Corporate Governance guidelines: one, proposing updates to the Corporate Governance Principles & Recommendations; and...
The Australian Securities & Investments Commission (ASIC) released Regulatory Guide 251. RG 251) in...
Australia's new Federal Government was elected on 7 September 2013 and this paper looks at the likely effect of the new government's foreign investment policy on the inflow of capital into...
Recent decisions in England, Australia and New Zealand highlight the uncertainty surrounding the interpretation and application of exclusion clauses that use 'catch-all' language such as...
Since the High Court's landmark decision in Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, there has been an increasing focus on the identity and...
ASX's new Guidance Note 8: Continuous Disclosure: Listing Rules 3.1 - 3.1B (GN8) became effective on
Is your desk bending under the weight of a pile of monotonously similar, simple, clear-concise-and-effective, two-part retail bond prospectuses? No? Before you call your broker, read...
The Parliamentary Secretary released an Exposure Draft - Corporations Legislation Amendment (Remuneration Disclosures and Other Measures) Bill 2012 and the associated Explanatory Memorandum to the
In the recent case of Richardson v Oracle Corporation Australia Pty Ltd [2013] FCA 102, the Federal Court highlighted the importance of employers having proper policies and training which reflect...
The last 12 months saw a flourish of activity in the foreign bribery space. 2013 is likely to see an increasing focus on cross-border corruption investigations, closer cooperation between...
On 13 February 2013, the Federal Government introduced Tax Laws Amendment (Countering a Tax Avoidance and Multinational Profit Shifting) Bill 2013 (Bill) into Parliament. The Bill, if enacted, will...
The Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Sharing) Bill 2012 (Cth) (Bill) was introduced into the House of Representatives on...
ASIC has released guidance on its approach to administering the conflicted remuneration provisions of Part 7.7A of the Corporations Act 2001 (Act): Regulatory Guide...
In our article 'Copyright and the Digital Economy' in the October 2012 issue of Acumen, we outlined the principles directing the Inquiry of the Australian Law Reform Commission (ALRC) in relation
2012 was a busy year in employment law and workplace relations. With a Federal election to be held this year, it is likely that 2013 will be another eventful...
In Mansfield v The Queen & Anor; Kizon v The Queen & Anor [2012] HCA 49 the High Court found that, in cases concerning 'insider trading', it is irrelevant whether the information traded on is true
The Federal Government recently released the draft Insolvency Law Reform Bill 2013 (Reform Bill) for public comment. The Reform Bill contains a number of changes to the way that insolvency...