Owen, in the Matter of RiverCity Motorway Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) ("RiverCity") [2014] FCA 1008 -- It has been"accepted practice" in company
Stewart v Atco Controls Pty Ltd (In Liquidation) [2014] HCA 15 ("Atco") -- In a good outcome for Liquidators and litigation funders, Atco has overturned a unanimous decision of the Victorian Court
The case of Alcoa of Australia Ltd v Apache Energy Ltd [2014] WASCA 148 provides the latest guidance on a court's power to impose a confidentiality regime on the inspection of discovered...
High Court corrects the error, but stops short of giving builders of commercial property unqualified comfort -- The High Court of Australia has unanimously overturned the New South Wales Court of...
In June 2013, ASIC updated its policy about platforms and published Regulatory Guide 148 Platforms that are managed investments schemes
Many businesses use search engine optimisation strategies as part of their online marketing strategy to generate online traffic. This raises...
In the highly anticipated decision of Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014), all five members of the High Court of Australia have held that there is no term of...
JWS represented Seven Network (Operations) Pty Limited (Seven) and its executive programmer John Stephens in successfully defending the Supreme Court proceedings brought against them by Network Ten...
Queensland...s Parliament has introduced more amendments to the state...s property legislation that aim to streamline the sale of property, especially for the sale of lots ...off-the-plan.... The...
Projects in the Galilee coal basin in Queensland are expected to generate billions of dollars of investment in Queensland in the near future. There have been two significant recent court cases...
In January 2014, ASIC published Report 384: Regulating Complex Products (Report), which'sets out the recent work done by ASIC's Complex Products Working Group and identifies opportunities for ASIC...
On 24 April 2014 the Western Australian Court of Appeal handed down a unanimous decision in the case of Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd...
Re Ascot Vale Self-Storage Centre Pty Ltd (In Liq) - It is a common occurrence for a liquidator of a company to enter into a funding agreement with a third party, for the purpose of the company
At the end of March, it seemed that the Courts recognised that employees could not make vexatious complaints to found a basis for an adverse action...
On 3 April 2014, the Full Federal Court handed down its decision in Commissioner of Taxation v Resource Capital Fund III (RCF), L.P. [2014] FCAFC 37, allowing the Commissioner's appeal against the...
The case of Electricity Generation Corporation T/As Verve Energy v Woodside Energy Ltd & Ors [2014] HCA 7 (5 March 2014) provides the latest guidance on drafting 'reasonable endeavours'...
In February 2014, the Productivity Commission's (PC) final report to the Government on the National Access Regime under Part IIIA of the Competition and Consumer Act 2010 was...
Western Australia is becoming more popular in the unconventional gas space, with the State potentially containing an estimated 280 trillion cubic feet of shale and tight...
The Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) were amended by the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Environment Measures...
This article discusses topics including ATO amnesty for offshore income, tax disclosure and transparency, transfer pricing documentation - ATO guidance, and OECD discussion draft on preventing...
The long-awaited decision of the Federal Court in ACCC v Cement Australia demonstrates that if you seek to "tie up" the market through contractual arrangements with your suppliers (or customers
The general protections provisions of the Fair Work Act 2009 (Cth) (the Act) are becoming an increasingly popular forum of redress for individuals and unions. In the last financial year over...
It is standard practice for a company to have clearly articulated policies about consumer refunds including the circumstances in which the company may seek to repair or replace defective products...
The recent decision of the Full Court of the Federal Court in ACCC v Lux is unsurprising in so far as it confirms that the issue of whether conduct is unconscionable under the Australian Consumer...