Articles

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All pastoral leases in Western Australia granted under the Land Act 1933 (WA) (now repealed) are set to expire on 30 June 2015.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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Competition law 'root and branch' review

The Government has now released draft terms of reference for its "root and branch" review of Australia's competition laws. The terms of reference are extremely broad, focus on protecting small...

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Consequential loss revisited: Regional Power v Pacific Hydro Group [2013] WASC 356

In the October 2013 issue of Acumen, we gave an overview of the divergence in approach of courts in England, Australia and New Zealand in the interpretation of ...consequential... or ...indirect......

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Construction claim enforcement

What options are available to a contractor if it receives a favourable adjudication determination under security of payment legislation, but the principal still does not...

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De Rose v State of South Australia

The State of South Australia (State) will pay compensation to the De Rose Hill Nguraritja people for the extinguishment of their native title rights and interests following the delivery of the...

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Fair Work Commission workplace bullying jurisdiction - now in operation

The Fair Work Commission's workplace bullying jurisdiction commenced on 1 January 2014. This article provides insight into the operation of the jurisdiction and how your organisation can...

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