On 29 November 2012, the Australian Parliament completed the first stage of a reform process initiated in early 2006 by passing the Privacy Amendment (Enhancing Privacy Protection...
The Australian Treasury has released proposed amendments to the general anti-avoidance rule (GAAR) in relation to schemes entered into or commenced to be carried out on or after...
The Report of the Fair Work Act Review Panel contained no surprises. The Panel largely found that the Fair Work Act 2009 (Cth) is 'fair' and balances the interests of employers and
ASIC's action against Andrew Forrest and Fortescue Metals Group (FMG) is now over. The result in the High Court was an emphatic victory for Forrest and FMG after 6 years of hard fought...
The Companies and Markets Advisory Committee recently issued a Discussion Paper on The AGM and Shareholder Engagement, following a reference from the Parliamentary Secretary to the Treasurer in...
On 14 September 2012, the High Court delivered its much anticipated landmark decision in relation to the Pilbara iron ore railways access matters. In doing so, it upheld the Full Federal Court...s...
On 19 September 2012 the Government introduced the Clean Energy Amendment (International Emissions Trading and Other Measures) Bill 2012 into...
The Australian Law reform Commission (ALRC) was requested by the Government to conduct an inquiry into Copyright and the Digital Economy to determine whether and if so, how, copyright laws should...
With changes to the Paid Parental Leave Act 2012 (Cth) and the Fair Work Act 2009 (Cth) coming into effect from 1 October 2012, it is important and timely for employers to review and update their...
For employers, the High Court decision in Bendigo Regional Institute of TAFE v Barclay [2012] HCA 32 is a positive...
On 19 September 2012, the Federal Government introduced the Personal Liability for Corporate Reform Bill 2012 into the Parliament. On 20 September the Senate referred the Bill to the Parliamentary...
The Australian Prudential Regulation Authority (APRA), the prudential regulator of superannuation funds, insurance bodies and banks, is proposing to release new prudential standards for trustees of...
On 29 June 2012, legislation amending the directors... penalty (DP) provisions in Division 269 of Schedule 1 to the Taxation Administration Act 1997 (Cth) (TAA) and associated measures was enacted...
On 27 June 2012, the Commissioner of Taxation (Commissioner) issued Taxation Ruling TR...2012/5 (Ruling) (previously issued as Draft Taxation Ruling TR 2011/D8), dealing with section 254T of the...
ASIC has had a difficult and ultimately unsuccessful pursuit of Fortescue Metals Group Limited (FMG) and its former Managing Director Andrew Forrest...
Following the 1997 decision in Re Emanuel (No 14) Pty Ltd, it became clear that payment by a third party (C) of an unsecured debt due by A to B could be classified as an unfair preference in...
In August 2012 the Advertising Standards Bureau (ASB) decided that posts on a company's Facebook page amount to "advertising" by the company and therefore are subject to the AANA Codes. This means...
The Australian Competition and Consumer Commission (ACCC) took issue with representations made by home builder Metricon Homes Qld Pty Ltd (Metricon) in advertisements to consumers. While the case
US COURT IMPOSES LARGEST EVER FINE AND JAILS EXECUTIVES - ACCC, DPP AND AUSTRALIAN COURTS LIKELY TO FOLLOW SUIT On 20 September 2012, a US District Court Judge sentenced AU Optronics (AUO), an
In Andrews v ANZ, the High Court found that certain bank fees charged to the bank's customers were not prevented from being characterised as penalties by reason of liability to pay those fees being
From 1 August 2012, ASX has amended the ASX listing rules to make it easier for small to mid cap entities to raise capital by allowing them to place an additional 10% of their capital in a 12 month...
The following articles provide an overview of the recent developments in relation to the taxation of
The Commissioner issued Practice Statement Law Administration PS 2012/2 on 28 June 2012. PS LA 2012/2 sets out the Commissioner's approach to determining from which entity he will seek to recover
The Australian Competition Tribunal recently published its decision in respect of WA Gas Networks Pty Ltd's (ATCO) review of the ERA's revised access arrangement for the mid-west and south-west gas