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...
In an important appellate decision, on 6 August 2013 the majority of the Full Court of the Federal Court upheld, for the first time, a damages award for breach of an implied term of mutual trust...
The new government has announced that it will conduct a "root and branch review" of Australia's competition laws within the first 100 days of taking office. A "root and branch" review will examine...
On 5 June 2013 ASIC released its revised policy about the content of registered managed investment scheme (scheme) constitutions: Regulatory Guide 134 Managed Investments: Constitutions...
In Resource Capital Fund III, L.P. v Commissioner of Taxation [2013] FCA 363, the Federal Court held that a Cayman Islands limited partnership...in which 97% of the partnership interests were held...
On 27 June 2013, the Federal Government passed legislation to amend the Fair Work Act 2009 (FW Act). The new laws are part of the second tranche of changes made to the FW Act from the Review Panel...