Articles

Lease incentive clawback provisions potentially unenforceable following Queensland Supreme Court dec

In the recent decision of GWC Property Group Pty Ltd v Higginson & OR’s [2014] QSC 264, the Queensland Supreme Court held that the incentive clawback provisions contained in an incentive deed...

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An ACCC 'first' - breach of Australian consumer law results in director being banned for 15 years

Are you a director of a company? Did you know that the ACCC can ask the Court to ban you from managing any company if you breach the Australian Consumer Law?

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Australian rural land – changes to foreign investment thresholds

As predicted, the Federal Government has acted on an election promise to lower the screening thresholds for foreign buyers of Australian Rural Land effective from 1 March 2015. Read on to find out...

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Enforceability of ‘good faith’ clause in MOU for Gas Sales Agreement

Baldwin & Anor v Icon Energy Ltd & Anor [2015] QSC 12 Significance of the decision This case highlights the risks of relying on clauses which provide that parties will negotiate in good faith...

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Foreign Bribery Update - December 2014

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to December 2014. These developments will impact...

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Getting caught in the chain of responsibility

Scott...s Transport Industries Pty Ltd and Anor v Road and Maritime Services -- The impact and reach of chain of responsibility laws in the transport industry should not be underestimated....While...

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WA pastoral leases to expire mid-2015: implications for resource companies

All pastoral leases in Western Australia granted under the Land Act 1933 (WA) (now repealed) are set to expire on 30 June 2015. Although the...

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Surrounding circumstances as an aid to the construction of contracts

While there is a divergence in views among courts in Australia as to whether ambiguity remains a prerequisite for the admissibility of...

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Takeovers Panel updates guidance on bidder's and target's statements

The Takeovers Panel has updated its guidance on preparing bidder's statements and target's statements, and this guidance is less prescriptive than the approach the Panel put forward in an earlier...

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Australian freezing orders valid ahead of foreign judgments

In the recent decision of Pt Bayan Resources TBK v BCBC Singapore Pte Ltd [2014] WASCA 178, the Western Australian Court of Appeal...

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Australian 'restraint of trade' case has global implications

In a decision handed down on 17 October 2014, the High Court refused to grant special leave to appeal in respect of a challenge to the legality of the rule prohibiting the use of artificial...

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Harper Review Draft Report - what you need to know

On 22 September 2014, the Harper Review Panel released its Draft Report of the "root and branch" review of Australia's competition laws and

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ASIC review of breach reporting

On 16 September Peter Kell, Deputy Chairman of ASIC, delivered a speech to the Risk Management Association of Australia CRO Forum about 'Why breach reporting is...

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Foreign Bribery Update - August 2014

Developments will impact on Australian businesses working offshore and only reinforce the need to have and to implement an ongoing, pro-active anti-corruption compliance framework within your...

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ASX releases third edition of Corporate Governance Principles and Recommendations

The ASX Corporate Governance Council has released the third edition of the Corporate Governance Principles and Recommendations in conjunction with a number of governance-related amendments to the

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Dividends and Section 254T - draft bill released

On 10 April 2014, the Government released the draft Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014. This article discusses the proposed changes to section 254T and...

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Final governance-related Listing Rules amendments

The Final Amendments are intended to come into effect on 1 July 2014, subject to receipt of the necessary regulatory approvals under the Corporations...

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Employment law developments on the horizon

Gender equality remains a hot topic for employers. New gender reporting requirements commenced this year with further reporting obligations in the pipeline. However, the new minimum standards may...

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Foreign Bribery Update - April 2014

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation in the first quarter of 2014....These...

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2013 AGM Season Survey Results

At the conclusion of the 2013 AGM season, we conducted a survey of the business of AGMs of ASX listed entities...

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Wallumbilla Gas Supply Hub

The new gas trading exchange developed by the Australian Energy Market Operator (AEMO) is scheduled to go live on 20 March 2014. The gas trading exchange is the first stage in the development of a...

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Amendments to security of payment legislation in New South Wales

The Building and Construction Industry Security of Payment Amendment Bill 2013 (the Bill) was introduced to Parliament and given assent on 20 November 2013.... The Bill represents the first phase...

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ASIC consults on its employee incentive scheme policy

ASIC is proposing to update its policy on employee incentive schemes. ASIC currently anticipates releasing a revised Regulatory Guide 49: Employee Incentive Schemes and class order in...

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Challenging an adjudication determination

In the July 2013 edition of Acumen, we reported on the District Court judgment in Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd [2013] SADC 39, which concerned the Building and...

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