On 30 November 2011, the full bench of the Federal Court dismissed the ACCC's appeal against the primary judge...s ruling that the acquisition of Franklins by Metcash will not result in a...
On 10 November 2011, ASIC issued Regulatory Guide 228: Prospectuses: Effective disclosure for retail investors (RG 228) following extensive industry consultation. In this update, we summarise the...
The Federal Court has recently stopped a company from selling "look alike" coffee plungers. Has there been a change in the law? No, there hasn't, but the decision in this case provides important
Recent amendments to the Competition and Consumer Act 2010 (CCA) are intended to ensure that section 50 of the CCA applies to "creeping acquisitions", and will provide legislative support to the...
In Crescent Gold [2011] ATP 14, the Takeovers Panel has dealt with a thorny takeovers issue, that has has been troubling market participants for over a decade. This decision should be persuasive...
The ACCC has the power to use infringement, substantiation and public warning notices in carrying out its enforcement activities, and has embraced infringement notices to resolve minor...
On 1 January 2012 the new Work Health and Safety Act 2011 (Cth) will come into effect along with similar legislation which is expected to come into effect next year in all States and Territories...
After a number of initial delays, the Attorney General has now issued a determination that the PPSA will 'go live' on 30 January 2012. This means that the final countdown has started for you to...
On 24 November 2011, the Senate passed the Competition and Consumer Amendment Bill (No. 1) 2011 which introduces new prohibitions against disclosures of pricing and other competitively sensitive...
On 26 October 2011, the Commissioner of Taxation issued Taxation Determinations TD 2011/24 and TD 2011/25, dealing with the source of income and availability of tax treaty benefits, respectively...
ASX plan to amend the requirements for listing from 1 January 2012 to include a condition that the directors of an entity seeking listing on ASX must be of 'good fame and...
On 15 January 2010, the Australian Financial Centre Forum released its report on 'Australia as a financial centre', which contained 19 recommendations, including introduction of an 'investment...
The Building and Construction Industry Security of Payment Act 2009 (SA) and Regulations will commence operation in South Australia on 10 December 2011. Principals, consultants and contractors
With Barrett J's judgment in Re Centro Retail Limited and Centro MCS Manager Limited [2011] NSWSC 1175 (Centro Case) following the judgment in Premium Income Fund Action Group Inc v Wellington...
The High Court will soon rule on two key corporate and securities law decisions. In each case, Acumen has reported on the lower Court decisions...
The Government appointed a Policy Transition Group (PTG) to develop the detailed technical design of the new taxes. The PTG provided its report to Government in December 2010, making...
The Senate Finance and Public Administration Legislation Committee (Senate Committee) has now released its report on the Exposure Draft of the new Australian Privacy Principles (APPs). The new APPs...
In the May 2011 edition of Acumen, we reported that the commencement of the Building and Construction Industry Security of Payment Act 2009 (SA) had been delayed, and that the Act and regulations...
NSW has become the first state to enact the Court Suppression and Non-publication Orders Act 2010 (the Act). The Act has replaced the sections of the civil and criminal procedure statutes that...
On 10 June 2011, Treasury released for public comment preliminary exposure draft (ED) legislation and accompanying explanatory memorandum (EM) for the mineral resource rent tax...
The Journalist Privilege amendments to the Evidence Act 1995 (NSW) (the Act) came into force in NSW on 21 June 2011. The changes to the Act are designed to bring New South Wales into line with...
The Queensland State Government has announced additional details of its proposals for restriction of resource developments on Strategic Cropping Land...
On 21 March 2011, ASX issued a "Concept Release" as part of ASX's SME, Mid-Cap and Micro-Cap Equity Market Review. The Review is seeking to question whether ASX's "one size fits all" approach to...
In January 2011, Treasury released an Options Paper on the wholesale v retail client distinction, as part of the Future of Financial Advice (FOFA) project.The paper floats a number of options for a...