A recent decision has excited debate about the application of Australia’s income tax law to limited partnerships, particularly private equity and venture capital funds.
Any potential foreign investor must consider the implications of the Foreign Investment Review Board (FIRB) regime, as it may relate to any proposed transaction involving companies in the mining...
Recent decisions by the Treasurer of Australia indicate a growing trend towards the imposition of data control conditions in connection with foreign investment approvals. Investors should allow for...
The Australian competition regulator (the ACCC) has succeeded in a case against Valve Corporation (Valve), a global digital distribution company, regarding its failure to provide refunds to certain...
How can novel structuring and proper care achieve security for payment in scrip transactions?
Regarding the introduction of legislation creating a stay on enforcement of ipso facto clauses: the devil was always going to be in the detail.
The Full Court of the Federal Court of Australia has held that the Commissioner of Taxation’s (Commissioner) formal information gathering powers override the obligation imposed on a party to...
The Full Federal Court's decision in Killarnee provides further clarification as to how the assets of an insolvent corporate trustee are to be dealt with.
The NSW Government has recently released a draft Aboriginal Cultural Heritage Bill 2018 (ACH Bill) for consultation. The ACH Bill underpins a new framework for the management and conservation of...
Legislation has been introduced into Parliament to implement the GST withholding regime for property transactions announced in the 2017/2018 Budget. If passed, vendors and purchasers will need to...
JWS has achieved an excellent result for the liquidators of the Gunns Group, with success in the Federal Court’s judgment in Bryant (Liquidator) v L.V. Dohnt & Co Pty Ltd, In the Matter of Gunns...
JWS has achieved a significant win on the Linc Energy appeal, in which we acted for Linc’s liquidators, PPB, against the Queensland State Government. The matter relates to the obligation of the...
Justice Robson’s decision in Re Amerind1 was one of a number of recent authorities which created doubt as to how the statutory insolvency regime, and in particular how the priority waterfall...
A Royal Commission will shed some light on how the Muyrray-Darling Basin Plan can be improved, but all states and territories need to implement the plan for it to be effective.
Purchasers of new residential premises or a new subdivision of potential residential land may be required to withhold and remit a portion of the contract price as part of the settlement process.
JWS successfully protected the rights of the class action creditors to have their claims in the voluntary administration of SurfStitch Group Limited (SGL) valued appropriately, for the purposes of...
Take note: this case is particularly instructive foreign businesses operating in Australia and businesses providing digital content to consumers online.
In a new case echoing Nurofen’s bruising $6m encounter over its “pain specific” range, the ACCC has commenced proceedings against the manufacturers of Voltaren Osteo Gel.
The courts’ close scrutiny of the work for which liquidators seek to be remunerated highlights that the appropriateness of applying the ‘proportionality’ principle will depend on the circumstances...
As part of a broader review of all SEPPs, the NSW Government has announced that it is reviewing the current SEPP 55 - Remediation of Land and the associated Contaminated Land Planning Guidelines.
The latest insights into our case developments, matters in the spotlight, and broader news in the dispute resolution space.
The new Act has far-reaching consequences for almost all members of the QLD construction community. Head contractors should familiarise themselves with the new requirements, particularly in...
Lawyers and business need to appreciate that the risks of disclosure are greater now than ever before.
Updated article: originally published as 'review of the regulatory and tax landscape for foreign investors.'