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An Unreasonable Refusal To Settle? VWA v O’Brien - 27 Mar 2017

In the matter of the Victorian Workcover Authority v Kevin Edward O’Brien [2017] VSC 68, a question arose as to whether the successful party was entitled to something other than a standard costs order following the rejection by the plaintiff of a Calderbank offer served prior to trial.  The decision of the Supreme Court of Victoria offers a timely reminder when considering how to frame or respond to an offer of settlement to resolve the substantive issues in dispute.

Partner, Ian Nathaniel and Senior Associate, Ben Hartley discuss further.

A Hastie claim for privilege - Hastie Group Ltd (in liq) v Moore [2016] NSWCA 305 - 27 Mar 2017

The New South Wales Court of Appeal granted leave to appeal following a finding that certain documents relating to attempts to secure litigation funding were not privileged. 

Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, Jessica Casey, discuss further.

Rebecca Raskin v Mediterranean Olives Estate Limited (ACN 091 024 396) & ORS [2017] VSC 94 - 27 Mar 2017

In the matter of Rebecca Raskin v Mediterranean Olives Estate Limited & ORS [2017] VSC 94 the Supreme Court of Victoria decided that an expert determination clause was not a submission to arbitration and it will be void for uncertainty where the clause does not provide for essential dispute resolution procedures.

Partner, Ian Nathaniel, Senior Associate, Ben Hartley and Law Graduate, Olivia Dalton, discuss further. 

Worried about workers' compensation claims? High Court confirms directions to employees must be reasonable. - 22 Mar 2017

The High Court has clarified the administrative action exclusion under the Commonwealth’s workers’ compensation laws. In Comcare v Martin [2016] HCA 43, the Court unanimously held that the approach to whether an employer or insurer can utilise the exclusion and protect itself from a workers’ compensation claim is to be based on causation. Under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (Act), it is now clear that the sole question to ask is whether the employee’s injury or aggravation would have occurred had the reasonable administrative action not been undertaken. John Evans, Lawyer, discusses the key take-home points from this decision.

Independent Umpires, Merits-Based Applications and the Disutility of Sunday Work– A Guide to the Penalty Rates Decision - 21 Mar 2017

On 23 February 2017, the Fair Work Commission handed down its decision on applications by employer organisations to reduce Sunday and public holiday penalty rates in six modern awards in the hospitality and retail industries.  Since then, there have been a lot of misconceptions floating around about the decision.  In this article, Emily Haar, Associate, and Professor Andrew Stewart, Consultant, explain its scope and impact.

An update on the proposed changes to paid parental leave - 21 Mar 2017

On 8 February 2017, the Government introduced legislation into the Federal Parliament which proposes changes to the national paid parental leave scheme. This is the Government’s third attempt in recent years to implement changes to the government paid parental leave scheme and the changes proposed are broadly similar to previous iterations, with only a few notable changes. Partner, Erin McCarthy and Law Graduate, Shauna Roeger discuss the changes contained in the Bill.

Native Vegetation Clearing Laws – Where are we at - 15 Mar 2017

Vegetation management requirements around Australia, particularly in respect of native vegetation clearing, are complicated and quite strict.  Kara Pennisi, Senior Associate provides an overview of the native vegetation clearing requirements for each Australian State and Territory.

Delivery of a USB is not valid service under SOP - 15 Mar 2017

The New South Wales Supreme Court recently decided that delivery alone of an adjudication application by a USB stick is not valid service under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act).  Andrew MacGillivray, Senior Associate discusses the case and the key lessons.

Sakr punched - 09 Mar 2017

Yesterday, in a unanimous 5-0 decision, the New South Wales Court of Appeal knocked out Justice Brereton’s remuneration decision in Sakr Nominees Pty Ltd [2016] NSWSC 709, the sixth in a series of controversial decisions on insolvency practitioner remuneration.

Despite yesterday’s decision, Justice Brereton’s impact on contemporary attitudes to IP remuneration has been profound. If his aim was to jolt the profession out of complacency and to get liquidators and the courts thinking more critically about what “fair and reasonable” remuneration really entails, he has certainly achieved his goal... 

Partner, Thomas Russell, discusses this decision further.

To stay the enforcement of a decision under the SOP regime – One must move quickly - 01 Mar 2017

In the recent decision of Atlas Construction Group Pty Limited v Fitz Jersey Pty Limited [2017] NSWSC 72, the NSW Supreme Court determined that where a respondent to an adjudication decision files for a review of the decision, but fails to formally (or by agreement) stay the enforcement of that decision, the Court is unlikely to interfere.  Andrew MacGillivray, Senior Associate discusses the case and lessons learned.

New tax for foreign retailers supplying goods to Australian customers - 21 Feb 2017

Last week legislation was introduced into Parliament which if passed will see many offshore retailers now liable for GST in Australia. Under the proposed measures, GST will be levied against foreign suppliers who sell low value goods (being goods with a customs value of AUD$1,000 or less) into Australia.

The measures are intended to provide competitive neutrality for domestic retailers who have historically been at a disadvantage against foreign retailers selling equivalent goods online to Australian customers exclusive of GST.

If passed, the new measures will take effect from 1 July 2017. The amendments will coincide with the introduction of GST on inbound intangibles (i.e. the ‘Netflix tax’) also due to commence on 1 July 2017. 

Will Fennell, Special Counsel, provides a summary of the proposed measures.

Bill introduced in Federal Parliament to address recent Federal Court decision on ILUAs - 16 Feb 2017

On 15 February 2017, the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 was introduced into Federal Parliament in order to reverse the effect of the recent decision of the Full Federal Court of Australia in McGlade v Native Title Registrar [2017] FCAFC 10 regarding who must be a party to an Indigenous Land Use Agreement (ILUA) under the Native Title Act 1993.  The Bill’s introduction followed a moratorium implemented by the National Native Title Tribunal on the registration of ILUAs which may have been affected by the McGlade decision. 

The decision and resulting Bill are of particular relevance to the energy and resources sector where ILUAs are routinely made to ensure the grant of tenements and other interests are valid for native title purposes.  Ashley Watson, Partner and Kelly Scott, Senior Associate, provide an overview of the decision and the proposed amendments to the Act and discuss their implications for native title agreements.

 

Beware of errant signposting - 07 Feb 2017

The Fair Work Commission Full Bench’s decision Construction, Forestry, Mining and Energy Union v Sparta Mining Services Pty Ltd [2016] FWCFB 7057 (CFMEU v Sparta) has cast doubt over whether a reference to external documents (e.g. workplace policies)  within an enterprise agreement is merely a ‘signpost’ or actually incorporates those documents. Erin McCarthy, Partner, discusses the implications of CFMEU v Sparta for employers generally and consider how the decision may make the road to enterprise agreement approval even rockier.

Paid Parental Leave changes back on the parliamentary agenda - 07 Feb 2017

On 20 October 2016 the Government introduced the Fairer Paid Parental Leave Bill 2016 containing a revised proposal to remove “double dipping” from the federally funded scheme.  Erin McCarthy, Partner and co-author of Parental Leave: A User Friendly Guide discusses the major changes contained in the Bill.

Do we need an exemption to only advertise this job to women? VCAT says no - 07 Feb 2017

As the pursuit for more substantive equality in society continues, many employers actively seek to employ people from groups that are disadvantaged in what is sometimes called “positive discrimination”.  A question that frequently arises is whether these proposals require a specific exemption for employers from anti-discrimination legislation, or whether such action is already covered by a legislative exception. The Victorian Civil Administrative Tribunal has recently considered this issue in some detail in Re Waite Group (Human Rights) [2016] VCAT 1258.  Emily Haar, Associate, sets out the key take-home points from this decision.
 

South Australian Parliament passes the Surveillance Devices Act 2016 (SA) - 07 Feb 2017

For many years, the regulation of surveillance devices in South Australia has been less comprehensive than in other Australian jurisdictions. Recently, the South Australian Parliament took action to bring South Australia in line with other States and Territories by passing the Surveillance Devices Act 2016 (SA) (the 2016 Act) and repealing the Listening and Surveillance Devices Act 1972 (SA) (the 1972 Act). Ahead of the likely commencement of the new legislation in or early 2017, Erin McCarthy, Partner and Shauna Roeger, Law Graduate examine the new Act and its impact on how employers can legally conduct workplace surveillance in South Australia.

Further developments in the implied term of reasonable notice of termination - 07 Feb 2017

Late last year we wrote about the case of Kuczmarski v Ascot Administration P/L [2016] SADC 65 (Kuczmarski), in which the SA District Court held that a term of reasonable notice of termination is not implied into a contract governed by section 117 of Fair Work Act 2009 (Cth) (FW Act). Kuczmarski was appealed to the SA Supreme Court, but it is understood that the parties to that case have resolved their differences and that the appeal will not be proceeding. This means that Judge Clayton’s decision stands. Meanwhile, a recent decision of the Federal Circuit Court - McGowan v Direct Mail and Marketing Pty Ltd [2016] FCCA 2227 (McGowan) – has generated further uncertainty, with Judge McNab declining to follow the Kuczmarski reasoning. David Ey, Partner and Shauna Roeger, Law Graduate explain these decisions and the implications they have for employers.

Winding-up companies in a partnership - guidance for liquidators who are appointed to companies acting in partnership - 20 Dec 2016

A recent Western Australian Supreme Court case considered the insolvency of a partnership comprised of corporate members. When a partnership is formally dissolved, the partnership assets are realised by a court-appointed receiver, who will realise and distribute the assets in accordance with the relevant State partnership legislation. Senior Associate, Stefano Calabretta and Lawyer, Brendan May discuss this scenario further.

Landmark Decision in Competition Law in Australia - 15 Dec 2016

On 14 December 2016 the High Court found in favour of the ACCC in proceedings concerning anti-competitive conduct by Flight Centre between the years 2005 and 2009.  Partner, Tom Griffith and Lawyer, Nisha Pereira discuss the judgment and its implications below.

Estate Litigation Costs. Supreme Court of SA gives a caution. - 29 Nov 2016

Likely amendments to the Wills Act (SA) 1936 - 02 Nov 2016

The South Australian Government proposes a bill to provide couples with an opportunity to legally register their relationship regardless of their sex or gender identity.

If passed, such an amendment should be considered by all financial planners, accountants and other trusted advisors whom may have affected clients.

Ms Katrine Hildyard, member of the Australia Labor Party has recently introduced the Relationship Register Bill to the South Australian Parliament. 

One of the motivating factors for the bill was due to the death of an English tourist earlier this year, Mr David Bulmer-Rizzi.  His death received considerable media coverage.

‘Unfair Contracts’ – How will the new law affect your Business? - 27 Oct 2016

The Australian Consumer Law contained within the Competition and Consumer Act 2010 (ACL) and the Australian Securities and Investments Commission Act 2001 (ASIC Act) provide protection to consumers from unfair contract terms in certain business-to-consumer transactions.

The Federal Government has now extended such protection to small businesses in certain business-to-business transactions through the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 which amends the ACL and the ASIC Act.

Security for Costs: Fish markets go begging? Felan’s Fisheries Pty Limited [2016] NSWSC 1351 - 12 Oct 2016

In the matter of Felan’s Fisheries Pty Limited [2016] NSWSC 1351, the Supreme Court of New South Wales decided that a company was not entitled to security for costs, whilst its directors who were sued in their individual capacity were. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evans, discuss further.

Termite retains its bite: Termite Resources NL (in liq) v Meadows [2016] FCA 1171 - 12 Oct 2016

In the case of Termite Resources NL (in liq) v Meadows [2016] FCA 1171, the Federal Court dismissed an application to strike out a statement of claim for not pleading a cause of action. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Litigation funders on notice: Ryan Carter and Esplanade Holdings Pty Ltd v Caason Investments Pty Ltd & Ors [2016] VSCA 236. - 12 Oct 2016

The Victorian Court of Appeal has upheld a decision to award costs against two non-parties. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Judgment in default and Accessorial Liability: Commissioner for Consumer Protection v Unleash Solar - 12 Oct 2016

The Western Australian Commissioner for Consumer Protection issued proceedings against Unleash Solar Pty Ltd (Unleash Solar) and its sole director alleging misleading and deceptive conduct by Unleash Solar (amongst other things) and that the sole director was knowingly concerned in, or a party to the contraventions alleged. The proceedings were not defended by the respondents and the Federal Court ultimately entered judgment in default.  The case serves as a reminder of the matters to be taken into account when seeking a default judgment, particularly in circumstances where the orders sought relate to matters of contention, and the use of accessorial liability provisions. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Bulk Water Rights - What do they entail? - 07 Sep 2016

20 years ago, water rights was not a topic commonly contemplated as being something  people would have taken seriously from a transactional and trading point of view.  As water law in Australia is becoming significantly more complicated, it is a necessary evil that people appoint the correct advisors to review documentation and provide advice on water law. Senior Associate, Kara Pennisi provides some insight.

Civil Procedure Act 2010 - 10 Aug 2016

The Civil Procedure Act 2010 (the Act) is fast becoming a powerful rule book governing the conduct of civil proceedings in Victoria.  If litigants and their legal advisers do not follow it, then they do so at their peril.  We have utilised the Act for the benefit of a publicly listed company, and the Act is becoming an important tool in the conduct of litigation, particularly where parties or their solicitors stray from the conduct stipulated in the Act.

The Supreme Court has made recent rulings on the application of the Civil Procedure Act that are worthy of attention. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, discuss further.
 

Can a foreign company be wound up in Australia? - 10 Aug 2016

The short answer to this question is yes, under Part 5.7 of the Corporations Act 2010 it can. Read on as Partner, Ian Nathaniel and Senior Associate, Ben Hartley, explain.

Competition and Consumer Act – Legislative Change Following the Election - 10 Aug 2016

With the recent Federal Election now done and dusted, it is likely the Turnbull Government will push on with legislative change to competition law in Australia. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, discuss and explain the likely implications.

Late payment fees are not penalties as bank’s total loss taken into account - 10 Aug 2016

The High Court has given guidance on penalties in the high profile case of Paciocco & Anor v Australia and New Zealand Banking Group Limited [2016] HCA 28. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, review and discuss.

Changes to the Commercial Court Division of the County Court - 10 Aug 2016

The County Court Commercial Division has increased its ability to deal with matters in a cost effective and efficient manner with the appointment of judicial registrars and updated practice notes. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, discuss further.

The Fair Work Commission awards a 2.4 percent increase to minimum wages - 25 Jul 2016

Is there still an implied term of reasonable notice on termination? - 25 Jul 2016

It is generally accepted that where a contract of employment has no agreed duration and makes no provision for termination, the common law will imply a term that the contract may be terminated on the giving of ‘reasonable notice’.

Over the last two decades, this position has been supported by a number of higher court decisions. However, a recent decision of the South Australian District Court, Kuczmarski v Ascot Administration P/L [2016] SADC 65 (Kuczmarski), has thrown into doubt the correctness of this view. In this case, Judge Clayton held that the term of reasonable notice on termination was not implied into an employment contract where section 117 of the Fair Work Act 2009 (Cth) (FW Act) applies. Shauna Roeger, Law Clerk, and Professor Andrew Stewart, Legal Consultant, explain this case and its implications for employers.

Pre-employment misleading and deceptive conduct: be careful what you promise - 25 Jul 2016

In Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee) [2016] FCA 430, the Federal Court awarded an employee compensation of over $300,000 for loss suffered after she was misled by representations made to her by Johns Lyng prior to taking up her role as General Manager. The case should serve as a cautionary tale to other organisations that many kinds of statements made to prospective employees, such as those about future remuneration or the profitability or financial position of the company, must only be made where there is reasonable basis to do so.

Stop the Press! Important Changes to Triple S Super Regulations - 19 Jul 2016

Previously, members of Triple S Super have had no discretion to decide how they would like their superannuation funds to be paid upon their death.  Until recently, the legislation directed that upon the death of a member, their superannuation death benefit was paid to their spouse and in the event the member died without a spouse, the benefit would only then be paid to the member’s estate.

However, on 16 June 2016, changes to the Southern State Superannuation Regulations were gazetted to enable members of Triple S Super, Flexible Rollover Product investors and Income Stream investors to nominate their Legal Personal Representative as the beneficiary of their superannuation death benefit upon their death.  Partners Donna Benge and Rod Jones, and Associate Christina Flourentzou explain the changes.

Supreme Court Confirms Principles for Validity of Copy of Lost Will - 15 Jul 2016

Partner Rod Jones and Associate Christina Flourentzou explain.

Removing a terrible Caretaker – Why climbing Mt. Everest may be easier - 12 Jul 2016

In Queensland, caretaking and letting rights are big business. People pay millions for those rights. Equally, some Bodies Corporate pay millions to their caretaker or letting agent over the lifetime of their engagement. Sadly, not all caretakers are created equal. So what does a Body Corporate do when their caretaker or letting agent just isn’t up to scratch? Does it simply continue to pay them for services that aren’t being properly performed? Or does it look to get rid of them? Unfortunately for Bodies Corporate, the latter of those two options is notoriously difficult. Special Counsel, Mario Esera, discusses why climbing Mt. Everest may be easier than terminating a management rights agreement.

Asbestos Registers– Responsibilities and Obligations - 01 Jul 2016

Partner, Geoff Forbes provides an overview of the responsibilities and obligations for businesses within South Australia with respect to creating and maintaining an asbestos register in the workplace.

Where did our roof go? Top tips for Bodies Corporate dealing with Storm Damage - 20 Jun 2016

Many Queenslanders are waking up this morning to find their homes destroyed or severely damaged. Dealing with the aftermath of a storm is difficult for everyone affected. It is particularly difficult for Bodies Corporate because they must also deal with upset lot owners, dispossessed tenants, and damage caused to common property. But where exactly does a Body Corporate’s obligations start and end? Dealing with a flooded foyer is one thing, but what happens when the roof of your apartment complex has been blown away? What does a Body Corporate do then? Senior Associate, Mario Esera, outlines three tips for Bodies Corporate dealing with storm damage.

From 1 July 2016 Changes to FMD scheme apply

- 19 Jun 2016

From 1 July 2016, much welcomed changes to the Farm Management Deposit scheme will take effect. Taxation Specialist Will Fennell explains the changes to the scheme.

Court of Appeal to rule on Brereton remuneration decisions - 08 Jun 2016

Last Friday, Justice Brereton finally published his reasons in Sakr Nominees Pty Ltd [2016] NSWSC 709, the latest in a series of controversial decisions on insolvency practitioner remuneration. Partner Thomas Russell discusses this decision further.

Charities: To defend or not to defend? - 08 Jun 2016

Wright v Wright [2016] QDC 74 (5 April 2016)

The District Court of Queensland has recently considered the question of whether a father failed to make adequate provision in his Will for his two adult children.

Partners Donna Benge and Rod Jones, and Associate Christina Flourentzou discuss the case further.

Triple Homicide and the Forfeiture Rule - 08 Jun 2016

Estate of Raul Novosadek [2016] NSWSC 554

In a recent New South Wales case, the Court had to consider whether the “Forfeiture Rule” should be applied where a son was found not guilty of murdering his mother, his step father and his brother due to mental illness. 

Partners Donna Benge and Rod Jones, and Associate Christina Flourentzou discuss the case further.

Investment Structures in the Australian Agribusiness Sector - 07 Jun 2016

We discuss the developing themes and approaches to investment structuring which are sympathetic to the varying needs of capital providers and other participants in agribusiness value chains, as well as some of the barriers to capital flowing into the Australian agribusiness sector.

Preparing for the foreign resident 10% non-final withholding tax - 07 Jun 2016

The Tax and Superannuation Laws Amendment (2015) Measures No 6 Bill, assented to on 25 February 2016, introduced a 10% non-final withholding tax on the disposal, by foreign residents, of certain taxable Australian property. The newly introduced measure, set to take effect from 1 July 2016, has far reaching implications.  It will affect both vendors and purchasers of certain Australian assets including Australian resident vendors.  It is important that affected persons understand the implications of the new requirements and take appropriate steps and introduce suitable measures to minimise exposure and risk and ensure compliance with the law. Partner, Alan Jessup and Senior Associate, Kimberley Levi discuss further.

Extending the reach of environmental protection in QLD - What the ‘Chain of Responsibility’ means for your project - 02 Jun 2016

The recent introduction of the Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld) (the Chain of Responsibility Act) in Queensland has widened the potential liability for environmental harm and substantially increased the powers of the Department of Environment and Heritage Protection (DEHP) to issue environmental protection orders (EPO) and require and/ or reassess financial assurance provided pursuant to the Environmental Protection Act 1994 (Qld) (Environmental Protection Act). Senior Associate, Josh Steele and Associate, Rachel Austin explore further.

Is a lawyer immune from a legal suit? The doctrine of ‘Advocate’s Immunity’ - 31 May 2016

A recent decision on ‘Advocate’s Immunity’ provided an opportunity for the High Court to refine the scope and application of the doctrine. Partner, Thomas Russell, and lawyer, Brendan May, review the decision and what it means for litigants and their representatives.

Security of Payment Update: Mediation clause found not to be a ‘method of resolving disputes’ - 27 May 2016

The Court of Appeal has today clarified that a contractual provision mandating attendance at mediation prior to litigation is not a ‘method of resolving disputes’ for the purpose of s10A(3)(d)(ii) of the Building and Construction Industry Security of Payment Act 2002 (Vic) (Act).

Enforcing By-Laws – Noisy Neighbour ordered to Remove Renovations - 13 May 2016

18 Kingsford Street [2016] QBCCMCmr 78 (23 February 2016)

There is nothing more annoying than noisy neighbours – particularly within the confines of a community titles scheme. It is understandable, therefore, that most Bodies Corporate include in their by-laws a reference to ‘excessive noise’. But what happens when noise by-laws are not complied with?

In a recent decision, the Body Corporate for 18 Kingsford Street provided a textbook example of what Bodies Corporate should do in these situations. It acquired orders effectively requiring one of their owners to remove newly laid, and extremely noisy, porcelain tiles from their lot. Senior Associate, Mario Esera, looks at this decision and what other Bodies Corporate should do when enforcing by-laws.

Productivity Commission makes pharma-specific patent reform recommendations - 11 May 2016

Competing Superannuation Claims - 07 Apr 2016

Brine v Carter [2015] SASC 205

Justice Blue of the Supreme Court of South Australia recently considered the fiduciary duties and obligations of an Executor when the benefits of a deceased’s superannuation are being claimed. Partner Donna Benge and Rod Jones explore further.

The costly iPhone Will - 07 Apr 2016

Yu v Yu & Ors [2015] QSC 373

In our December 2013 issue of Wills Watch, we reviewed the Queensland case of Yu. In that case, the Supreme Court found that an electronic document created by Mr Karter Yu on his iPhone shortly prior to him taking his own life was intended by Mr Yu to be his last Will and testament. Partner Donna Benge and Rod Jones discuss below.

Companies take note - Australia raises its Anti-Bribery Compliance & Enforcement Game - 23 Mar 2016

After broad international and domestic criticism of its efforts, the Australian Government is now showing an appetite for significant reform in the area of foreign bribery. The recent resignation of ASX Chief Executive Elmer Funke Kupper highlights reputational risks arising from allegations of questionable transactions off-shore. With proposed changes to the law the subject of a discussion paper issued by Justice Minister Keenan last week, those risks look set to escalate. Partner, Ted Williams discusses.

Taxation Bill to encourage innovation and investment in early stage companies released - 18 Mar 2016

On Wednesday 16 March 2016, the Tax Laws Amendment (Tax Incentives for Innovation) Bill 2016 (Bill) was introduced into Parliament. The Bill is part of the Government’s $1.1 billion National Innovation and Science Agenda, containing proposed tax incentives for early stage investors and for venture capital investment.

The Government has consulted widely with investors, industry bodies, universities and the start-up community during the development of the Bill through the Tax Incentives for Early Stage Investors Policy Discussion Paper (see article: Defining criteria for tax incentives for early stage investors). However, notably, there was no public consultation process on exposure draft legislation. The acceleration echoes the intention to implement the measures with effect from 1 July 2016. 

Partner, David Cornwell, Partner, Alan Jessup, and Senior Associate, Kimberley Levi discuss the key aspects of the Bill.

Fair Work Commission hands down first formal bullying ruling - 10 Mar 2016

The early days of the anti-bullying jurisdiction saw little activity and few substantive decisions.  However, there have recently been a number of decisions made by the Fair Work Commission providing guidance on the operation of the anti-bullying jurisdiction, and the types of behaviours the Commission will consider as bullying.

Amongst these decisions is the Commission’s first formal ruling that bullying had occurred. In this article, Tim Lange, Partner, and Katherine Lee, Law Graduate, discuss a number of these recent cases in order to help employers, human resource managers and employees alike to better understand exactly what constitutes “bullying” in the eyes of the Commission and could therefore potentially give rise to an order to stop bullying.

Pulse gets Pummelled – Body Corporate Ordered to Pay Thousands to former Caretaker - 10 Mar 2016

Pulse [2016] QBCCMCmr 43

A recurring theme of these alerts is that all Bodies Corporate have a statutory obligation to act reasonably. Usually, identifying what actions are or are not reasonable can sometimes be difficult to discern. However, the starting point should always be complying with the relevant legislation. Unfortunately, in the case described below, it appears as if the Body Corporate for Pulse overlooked this fundamental starting point. As a result, they received one of the most scathing decisions in recent memory. Partner, Warren Jiear and Senior Associate, Mario Esera, look at this decision and what other Bodies Corporate can do to avoid some of the mistakes made in this case.

IPT Alert: Register your trade mark with Chinese Customs - 07 Mar 2016

In response to global concerns regarding the mass exportation of counterfeit goods, the General Administration of Customs of the People’s Republic of China is now proactively seizing goods registered with Customs. Partner, Tim O’Callaghan and Law Graduate, Nisha Pereira discuss this development. 

Probably the most expensive Balcony in Queensland – A warning to Bodies Corporate about acting Reasonably - 26 Feb 2016

Albrecht v Ainsworth & Ors [2015] QCA 220 (6 November 2015)

Bodies Corporate have a statutory obligation to act reasonably. But what does that actually mean? The Body Corporate for Viridian Noosa Residences probably thought that meant acting strictly in accordance with all relevant legislation. Unfortunately, a recent decision of the Queensland Court of Appeal has underlined that this may not always be the case, at least when it comes to approving a balcony. Partner, Warren Jiear and Senior Associate, Mario Esera, look at this case and its likely implications for Bodies Corporate and lot owners in the future.

New Regulations for Crowd funding Start-Ups, Investors and Platforms - 23 Feb 2016

On February 10 2016 the Corporations Amendment (Crowd-Sourced Funding) Bill 2015 passed the House of Representatives. Before the Senate votes upon this Bill, the Senate Economics Legislation Committee was due to report on the Bill on 22 February 2016, and will hold a public hearing today, 23 February 2016.

Once that Bill is passed, the Corporations Amendment (Crowd-Sourced Funding) Regulation 2015 (Cth) will likely be registered. Partner, David Cornwell and Law Clerk, James Lowrey outline the requirements imposed by the proposed Regulations on crowd funding platforms, investors and companies.

Employer’s failure to make “reasonable adjustments” to accommodate employee with disability leaves it liable to pay over $13,000 in damages - 23 Feb 2016

In the recent Victorian case of Butterworth v Independence Australia Services (Human Rights) [2015] VCAT 2056, a not-for-profit disability service provider was ordered to pay more than $13,000 to a former employee who suffered a workplace injury, for failing to provide reasonable adjustments. This case highlights the risks associated with managing injured employees and the importance of employers being across all relevant legislative duties and responsibilities. Ben Motro, Senior Associate, and Shauna Roeger, Law Clerk explain the case and, most importantly, the lessons employers can learn from it.

The Fair Work Commission confirms its anti-bullying jurisdiction does not extend to workers who are not employees - 23 Feb 2016

Stephen Hughes, Partner, analyses this case in further detail.
 

Defining criteria for tax incentives for early stage investors - 19 Feb 2016

As part of the Government’s National Innovation Agenda, the Government released a Policy Discussion Paper on proposed tax incentives for early stage investors. This gives some guidance on how the incentives will work.

To encourage early stage investment into innovative Australian companies, the tax incentive will provide investors with the benefit of a non-refundable tax offset and a capital gains tax exemption on investments that meet certain eligibility criteria. 

The availability of the tax incentive will depend on various critical qualifying definitions. These definitions are considered in the Policy Discussion Paper.  Partner, David Cornwell and Senior Associate, Kimberley Levi discuss the Policy Discussion Paper.

Not every player wins a prize - 09 Feb 2016

In commercial litigation matters, legal costs are said to “follow the event”. Consequently, the losing party will usually have to pay their own legal costs plus the legal costs of the successful party. Ultimately, this forces both parties to give careful consideration to the merits of their case and any potential offers of settlement.

Historically, litigation involving a deceased’s estate has often attracted a different approach when considering the question of who should pay the legal costs. The courts have expressed the view that a deceased’s estate should pay all legal costs of the litigation because the willmaker failed to give proper consideration to their estate planning. These costs can frequently be in excess of the financial award an applicant might achieve in the litigation. The consequence has been that some claims with dubious merit are pursued and sensible offers of settlement are rejected because an applicant takes a view that they essentially have nothing to lose and everything to gain.

Drone Regulation – Australia lags behind US - 22 Dec 2015

On 15 December the US Federal Aviation Administration released an ‘Interim Final Rule’ providing for new registration and marking requirements for hobby and recreational drones. The rule came into effect on 21 December 2015, providing a web-based process for US citizens to register drones heavier than half a pound and less than 55 pounds.

This development in US drone regulations is in comparison to silence from The Civil Aviation Safety Authority, suggesting it was due to develop new drone regulations to go before Parliament by the end of 2016. It appears that deadline is not achieved.

Partner, David Cornwell and Law Clerk, James Lowrey compare the new US regulation and the current Australian position.

Safe harbours for startups and other directors - 16 Dec 2015

On 7 December 2015, the Federal Government released the National Innovation and Science Agenda, delivering a range of new initiatives. Among the key focus areas, the Government highlighted insolvency law as a primary area overdue for reform. Whilst not introducing wholesale reforms to mimic the United States ‘Chapter 11’ framework, the targeted reforms seek to eliminate the stigma associated with business failure. Partner David Cornwell, Special Counsel Dr Malcolm Quirey and Law Clerk James Lowrey explore the promise these measures hold for Australian startups and early stage companies.

Federal Court turns off the tap on drip pricing - 15 Dec 2015

The Federal Court of Australia recently ruled that both Jetstar and Virgin engaged in misleading and deceptive conduct and the making of false or misleading representations in contravention of the Australian Consumer Law, through a practice commonly referred to as “drip pricing”, in relation to some of their airfare promotions and advertisements. Associate, Tania Maystrenko and Law Clerk, David Derbyshire review the decision.

Reckitt Benckiser accepts targeted pain from ACCC - 15 Dec 2015

In our March edition of Competition and Consumer News, we reported on proceedings that had been initiated by the ACCC against Reckitt Benckiser in relation to its marketing of Nurofen targeted pain relief products. Reckitt Benckiser has now admitted various contraventions of the Australian Consumer Law. Partner, Anne Freeman, provides an update.

Time to play fair! Unfair contract terms regime extended to small businesses - 14 Dec 2015

Long gone are the days of “the contract is the contract”. Whilst many of us have always taken a “balanced” and “plain English” approach to drafting contracts, the Government has decided that there is a need to introduce laws to now make sure that businesses take this approach, as Partner Andrea Pane and Lawyer, Thomas Patereskos explain.

‘Free range’ egg claims on the boil - 14 Dec 2015

On 14 September 2015, the Federal Court found RL Adams Pty Ltd (trading as Darling Downs Fresh Eggs) guilty of engaging in misleading conduct and making misleading representations by marketing its products as free range eggs when they were not. Partner, Anne Freeman and Law Clerk, David Derbyshire review the decision, which is one of the latest in a recent string of cases that the ACCC has successfully prosecuted against primary producers in an effort by the regulator to put a stop to the use of false credence claims in the Australian market place. 

Signature Innovation and Science Agenda Launched - 07 Dec 2015

The Prime Minister (and a plethora of Ministers) announced the Government’s signature National Innovation and Science Agenda, earlier today. It reverses the earlier deep cuts in Government funding for research and development in the most recent Budget.

The measures announced are far reaching, but we await much of the detail.

The key areas provided for in the new policy are explained below by Partners, David Cornwell, James Lawrence, Tim O’Callaghan and Tim Clark from the firm’s national Corporate and Intellectual Property & Technology Practices.

Failure to Launch - Equity Crowd Funding in Australia - 04 Dec 2015

Yesterday the Government’s long awaited, proposed regulatory framework for equity crowd source funding was introduced into Parliament. The framework has been widely criticised. The draft legislation does not provide a regulatory regime conducive to the development of equity crowd funding market in Australia. It is too unwieldy to open up a source of risk capital for start-up and early stage companies.

Partner, David Cornwell, Associate, Kimberley Levi and Law Clerk, James Lowrey provide a critical overview of proposed regulatory framework.  

Don’t tell me the party’s over: the Fair Work Commission considers the physical and temporal limitations to managerial intervention into the office Christmas party - 30 Nov 2015

In the lead up to end-of-year festivities, Emily Haar, Associate, reviews the decision in Keenan v Leighton Boral Amey NSW Pty Ltd [2015] FWC 3156 where it was found to be unfair to rely upon multiple instances of misconduct occurring after the official end of an office Christmas party in dismissing an employee.

Recent Agency Resources released to complement the Australian Privacy Principles - 30 Nov 2015

Consistent with its advices on commencement of the major amendments to the Privacy Act 1988 (Cth), the Office of the Australian Information Commissioner has published two important agency resources in recent times worthy of note. These relate to protection of privacy of Tax File Number information and the sending of private information overseas. Partner, Stephen Hughes, discusses.

Top 12 Enterprise Bargaining Tips - 26 Nov 2015

In 1975, the United States Postal Service issued a new stamp evoking the sense of purpose which then underlay enterprise bargaining. Two overlapping circles, one red, one blue, identified a purple aspect of overlap as if that sweet spot is available in every collective bargaining negotiation. At the time, the then-US President Gerald Ford commented “Our people cannot live on islands of self-interest. We must build bridges … One of the longest and sturdiest bridges in this land is collective bargaining ...”.

Partner, Tim Lange, discusses his top enterprise bargaining tips.

Australia to follow USA moving forward with Equity Crowdfunding regulations - 23 Nov 2015

While Australia is still in the process of finalising a regulatory framework for equity crowdfunding, the United States has moved forward. On 30 October 2015, the Securities and Exchange Commission (SEC) passed rules to implement Title III of the Jobs Act in the United States. Title III was passed by Congress within the JOBS Act in 2012 however it specifically required SEC rules to implement its operation.

Partner, David Cornwell provides a high level overview of the United States’ regulatory position to permitting retail investors to participate in equity crowdfunding.

Waterfront “Code of Silence” Warrants Anti-Bullying Orders - 19 Nov 2015

Can the new Commission anti-bullying jurisdiction be used to wrest back responsibility for workplace conduct from rogue elements intent on influencing workplace behaviour without reference to the employer? The Fair Work Commission has now given strong support to the view that it can.

The Commission has now handed down one of the most anticipated decisions in its anti-bullying jurisdiction this week: Bowker & Ors v DP World & MUA [2015] FWC 7312.

Associate, Hannah Linossier and Law Graduate, Katherine Lee discuss the recent decision and the key issues employers should be aware of when taking steps to prevent and deal with bullying in the workplace.

Til death do us right apart - 09 Nov 2015

Partner, Donna Benge and Associate, Christina Flourentzou explore the case of Alagiah v Crouch as administrator of the estate of Ratnam Alagiah [2015] QSC 281 (8 October 2015)

Suspicious Minds - 09 Nov 2015

In a recent New South Wales case, two children of the deceased opposed a grant of probate on the basis that they alleged it to have been executed in “suspicious circumstances”. Partner, Rod Jones and Associate, Christina Flourentzou examine.
 

The Trans-Pacific Partnership: What does it mean for Professionals and Services? - 20 Oct 2015

Negotiations for the Trans-Pacific Partnership (TPP) concluded on 6th October 2015 after the 12 country partners reached agreement on the final draft of the TPP. The 12 country partners – Australia, New Zealand, Vietnam, Singapore, Japan, Malaysia, Brunei Darussalam, Chile, Mexico, Peru, Canada and the US – make up 40% of the world’s economy and the agreement is expected to have a wide impact on trade and cross-border business.

The TPP is still subject to domestic ratification by each of the partners however the TPP’s outcomes are likely to be advantageous beyond the obvious trade sectors such as agriculture and goods exports. Domestic regulations across different countries complicate the ability of professionals to offer their services internationally. The TPP offers a liberalisation of restrictions on cross-border interactions and creates new opportunities which will provide significant openings for Australian sectors to prosper including, significantly, the legal and financial sectors.

Partners, Gordon Grieve and David Cornwell explore some of the likely outcomes of the TPP as well as opportunities the TPP will provide in services.
 

ACCC v Dateline Imports Pty Ltd: Make sure you have reasonable grounds, even if it is true! - 14 Oct 2015

There is increasing focus on manufacturers to show they have reasonable grounds to make representations to consumers about ingredients in their products. Manufacturers must ensure testing of products support any representations made in respect of those ingredients. If manufacturers do not hold reasonable grounds for making certain representations about ingredients in a product, it could constitute misleading and deceptive conduct. This is the case even where those representations turn out to be true. Senior Associate, Valerie Blacker and Lawyer, Kelly Fraser examine the recent case of ACCC v Dateline Imports Pty Ltd which illustrates the difficulty in making representations about complex chemical products where experts disagree on the existence of harmful ingredients and sophisticated testing methods cannot conclusively rule out the existence of such chemicals.

Flight Centre v ACCC: thought-crimes and legal fiction - 14 Oct 2015

The ACCC’s loss of appeals in two cases against intermediaries for price fixing (Flight Centre and ANZ/Mortgage Refunds) appears to resolve two conflicting first instance decisions of the Federal Court of Australia. The Full Court was highly critical of the ACCC’s economic arguments, going so far as to suggest that markets are not a feature of the real world but are intellectual constructs devised by economists, and that the Court will decide cases based on its own view of commercial reality. Consultant, George Raitt considers what guidance may be drawn from the decisions for commercial arrangements between suppliers of goods and services and intermediaries such as agents and re-sellers.

L’Oréal’s quest for preliminary discovery was “worth it” - 14 Oct 2015

Earlier this month, Justice Beach in the Federal Court handed down orders for preliminary discovery for L’Oréal Australia Pty Ltd against BrandPoint Pty Ltd. The discovery relates to a prospective claim for misleading or deceptive conduct or false representations. Such conduct or representations were said by L’Oréal to be embodied in an email sent by BrandPoint marketing its PuraSonic “sonic facial cleansing brush”, a direct competitor to L’Oréal’s own Clarisonic range. Partner, James Lawrence and Law Clerk, Robert Guzowski review the decision.

Taxation Issues and Equity Crowdfunding in Australia - 13 Oct 2015

The Government is soon to introduce a regulatory framework to facilitate equity crowdfunding. However, to date, there has been minimal focus on the taxation treatment of equity crowdfunding. It is hoped that the Government will prioritise the tax treatment of equity crowdfunding as part of the “national innovation agenda” however until the Government does so, it is important to be mindful of the Australian Taxation Office’s views on the application of the existing tax laws to equity crowdfunding. Partner, David Cornwell, Associate, Kimberley Levi and Law Clerk, Stephaine Skevington discuss the current taxation implications on equity crowdfunding in Australia.

Blockchain - Emerging Legal Issues - 12 Oct 2015

The buzzword ‘fintech’ is pervasive in the financial and technology sectors. Blockchain is an exciting form of evolving technology that could upset the position of many traditional service providers such as banks and lawyers. Partners, David Cornwell and James Lawrence and Law Clerk, Stephaine Skevington discuss the emergence of Blockchain, the potential applications it could have, and emerging legal issues.

Guide to Doing Business in Australia - 10 Oct 2015

Our experience in providing cross-border legal services to international enterprises means that we understand the issues faced when entering the Australian market. We can advise on the best way to establish new operations in Australia as well as how to ensure businesses prosper.

Management Rights Update: Lender dodges a bullet in financed contract dispute - 21 Sep 2015

Management rights are big business in Queensland. There are real estate agents specialising in buying and selling them, solicitors specialising in advising on them, and financiers specialising in lending money to purchase them. One lender is Suncorp-Metway Ltd and, like any financier, they desire security. The Body Corporate and Community Management Act 1997 provides a certain level of security to financiers, but clearly not as much as Suncorp believed, as they discovered recently in a case heard before the Queensland Civil and Administrative Tribunal.

Partner, Warren Jiear and Senior Associate, Mario Esera, look at this case and its likely implications for financiers and Bodies Corporate in the future.
 

A Very Expensive Typo – Body Corporate pays dearly for Drafting Defect - 18 Sep 2015

Disputes between Bodies Corporate and their caretakers are not uncommon. Typically they are resolved promptly and inexpensively. Unfortunately, that was not the case for the Body Corporate for The Rocks Resort. Their dispute with their caretaker started in 2010 and continued over several years, culminating in a trial heard over ten days between 19 June 2014 and 30 October 2014. The result? The Body Corporate lost. Why? They used the word “within” when they should have used the words “not less than”.

Partner, Warren Jiear, and Senior Associate, Mario Esera, explain how a typo cost this Body Corporate hundreds of thousands of dollars in legal fees not to mention future costs orders that may yet be made against them.

DIY Electronic Wills - Are we moving to a new normal? - 09 Sep 2015

In our February 2015 edition of Wills Watch, the Supreme Court of South Australia decision in the Estate of Wilden noted that for the first time in the State's history a DVD may be used as a will under Section 12(2) of the Wills Act 1936 (SA).

Two recent decisions of the Supreme Court of New South Wales confirm this apparent trend and the admissibility to probate of informal digitally recorded documents.

Fiscal Watch September 2015 - 03 Sep 2015

Welcome to the September 2015 edition of Fiscal Watch, where Partner, Alan Jessup and Associate, Kimberley Levi explore:

  • The capital vs revenue distinction - what was the money really paid for?
  • Foreign resident CGT withholding tax
  • Changes to transfer pricing documentation - countering multinational tax avoidance

Are you aware of the Stamp Duty Changes to Commercial Property in South Australia? - 26 Aug 2015

When South Australian Treasurer Tom Koutsantonis delivered the 2015-2016 Budget it signalled that there would be a significant change to the commercial property sector in South Australia. Real Estate Senior Associate, Samuel Richardson, looks at the implications of the changes.

The Mariner/ Austock decision: A vote in favour of Directors taking calculated commercial risks - 07 Aug 2015

Partner, Sebastian Greene and Senior Associate, Josh Steele discuss the recent decision in Australian Securities and Investments Commission (ASIC) v Mariner Corp, focussing on the Court’s interpretation of 631(2)(b) of Corporations Act 2001 (Cth) and how this may impact other potential bidders and/ or target entities when considering a proposed bid and the bidder’s funding arrangements.

Protecting confidential information - 06 Aug 2015

Senior Associate, Jen Tan, and Lawyer, Kieren Shattock discuss the main issues to consider when dealing with Non Disclosure Agreements.

Workplace Relations: The Productivity Commission Blueprint for Renovation - 05 Aug 2015

Professor Andrew Stewart summarises the Productivity Commission’s draft report on the workplace relations framework, which resists calls for radical change but proposes a limited number of reforms to address deficiencies in the Fair Work regime.

Impacts of insolvency on construction projects - 04 Aug 2015

The insolvency of one of the principals, contractors or subcontractors can seriously impact a construction project at all levels of the supply chain. Infrastructure and Projects partner, Ted Williams looks at the issue and some practical thoughts on drafting contracts to help mitigate these risks.

Australian Infrastructure Projects - 04 Aug 2015

Infrastructure projects worth over AUD$50 billion are currently being planned in Australia, representing a major opportunity for participants in the infrastructure and construction industries. Partner, Tania Zordan outlines some of the major projects being run across states and territories.

Global Infrastructure Hub moves to operational phase in Sydney - 04 Aug 2015

New South Wales will play a significant role in global infrastructure by hosting the Global Infrastructure Hub (Hub). The arrival of its CEO in Sydney earlier this month will shift the tone of the Hub to a more operational phase moving forward. Sydney is the ideal location, given the NSW government’s current mandate to invest $20b in infrastructure and encouragement of private sector investment and participation. Partner, Tania Zordan discusses the Hub's status below.

Implementing an Enforceable Drug and Alcohol Policy - 04 Aug 2015

Partner, Tim Capelin and Lawyer, Amrita Kumar look at some of the practical issues to consider when considering the implementation of an enforceable workplace drug and alcohol policy.

SOP Act decision clarifies scope for judicial review of adjudication determination after entry of judgment - 03 Aug 2015

The decision in Amasya Enterprises Pty Ltd & Anor v Asta Developments (Aust) Pty Ltd & Anor [2015] VSC 233 (2 June 2015) clarifies that s28R(5) of the Building and Construction Industry Security of Payment Act 2002 (Vic) does not prohibit the judicial review of an adjudication determination on grounds of jurisdictional error. Associate, Pei Yau looks at the decision.

The Club incident and community values - 31 Jul 2015

Recently, the Court of Appeal of the Supreme Court of New South Wales has given some firm guidance upon community values and expectations when an estranged adult son made an Inheritance Family Provision claim against his mother’s estate. Rod Jones and Donna Benge discuss the case of Burke v Burke [2015] NSWCA 195.

No postcard from the Philippines - 31 Jul 2015

Alma Warriner died a widow survived by her son George aged 68 years and her daughter Jean aged 65 years. Donna Benge and Rod Jones explore the implications of her subsequent estate division.

Updates on the principles applicable to attempts to restrain recourse to unconditional bank guarantees - 30 Jul 2015

Partner, Megan Calder and Associate, Pei Yau review a number of recent cases that have all considered issues relating to attempts to restrain recourse to unconditional bank guarantees.

Changing foreign investment framework in Australia - 29 Jul 2015

Tony Abbott, Prime Minister of Australia, issued a media release on 11 February 2015 which outlined that the Government was in the process of better scrutinising our foreign investment laws and was considering changes to the foreign investment processes in Australia. Since then a number of events have occurred, some changes have become effective and future changes would seem imminent. It is now more important than ever for foreign investors in Australia to be aware of these changes. Senior Associate, Kara Pennisi takes a look.

You should have settled: why Calderback offers are important - 28 Jul 2015

If you receive a settlement offer during a dispute, be careful to understand what kind of offer it is. If it is a ‘Calderbank offer’, and you reject it, you could be ordered to pay more of the other side’s legal costs if you are not successful. Senior Associate, Florian Ammer, and Law Graduate, Brendan May, review a recent decision of the Supreme Court of New South Wales that serves as a reminder of the importance of Calderbank offers.

Polytrade v Glass Recovery Services - 23 Jul 2015

It is trite law that a statutory demand cannot be issued where there is a genuine dispute as to the alleged debt. A recent matter in the Supreme Court of Victoria, Polytrade Pty Ltd v Glass Recovery Services Pty Ltd [2015] VSC 164, considers, amongst other things, the appropriate orders for costs when statutory demands are withdrawn (here, before proceedings were filed to set it aside). Warren Jiear, Sarah Drinkwater and Tim Logan discuss below.

Company liquidation - debits and credits by the Commissioner of Taxation - 23 Jul 2015

On 17 April 2015, the Supreme Court of New South Wales delivered a decision with important ramifications for liquidators and the Commissioner of Taxation in the application of debits and credits in a company’s running balance taxation account following liquidation. Senior Associate, Stefano Calabretta discusses in the matter of 4 Doonan Street Collinsville Pty Ltd (in liq) [2015] NSWSC 437.

When duty calls: Will the failure to pay mortgage duty invalidate the appointment of voluntary administrators appointed pursuant to section 436C of the Corporations Act 2001? - 23 Jul 2015

Senior Associate, Stefano Calabretta discusses the impact of the recent Supreme Court of New South Wales decision of Photios v Cussen (in their capacity as joint administrators of Beechworth Land Estates Pty Ltd (admins apptd) [2015] NSWSC 336, one of the few decisions that has considered and applied the influential 2011 decision of Katzmann J in Arnautovic & Sutherland t/as Jirsch Sutherland & Co v Civitanovic (as trustee if the bankrupt estate of Adrian Lawrence Rosee) [2011] FCA 809 (Civitanovic).
 

Paid Parental Leave and double dipping - what will happen next? - 16 Jul 2015

Partner, Erin McCarthy, and Lawyer, Eliza Hampton, look at the Federal Government’s Fairer Parental Leave Bill 2015 and what it means for employers.

Can an employer also be an employee? - 13 Jul 2015

Professor Andrew Stewart analyses a recent case which highlights the different approaches that judges can take to determining whether a worker is an employee or an independent contactor. He exclusively consults to Piper Alderman’s Employment Relations team.

Accrual of leave during workers compensation absence - 12 Jul 2015

In our January 2015 Employment Matters, the Piper Alderman Employment Relations team considered the decision of the Federal Circuit Court in relation to the accrual of leave and workers compensation. Senior Associate, Ben Motro and Associate, Hannah Linossier, provide an update to that decision.

Employment Matters - 07 Jul 2015

In the July 2015 Employment Matters, the team look at:

  • Can an employer also be an employee?
  • Minimum wage set to increase by 2.5% and changes to the high income threshold
  • Accrual of leave during workers compensation absence
  • Failure to plan the communication of a dismissal decision is a plan to fail
  • You shall not pass: union misconduct and the Commission's refusal to grant a right of entry permit

Fiscal Watch - 01 Jul 2015

In the July 2015 Fiscal Watch, Partner, Alan Jessup and his team look at:

  • Part IVA (General Anti-Avoidance Rule) and Tax Consolidation
  • Fly in Fly Out Employees – FBT and the “otherwise deductible” rule
  • Queensland stamp duty concessions: resource sector farm-in agreements
  • Accelerated depreciation for primary producers
  • A modernised tax system for managed investment trusts
  • “Look-through” CGT treatment to earnout arrangements

Updated Guidance on Continuous Disclosure - 29 Jun 2015

The ASX has released its updated guidance note on Continuous Disclosure, Guidance Note 8, which includes expanded guidance on listed entities’ continuous disclosure obligations in the context of ‘earnings surprises’, recommended procedures to be applied when undertaking investor briefings and the publication of analyst forecasts and consensus estimates. Partner, David Cornwell and Senior Associate, Josh Steele provide an overview of the key changes to the Guidance Note.

Payment of super benefits on death of member - 26 Jun 2015

The Federal Court has dismissed an appeal from the Superannuation Complaints Tribunal (SCT) affirming a trustee’s decision to pay certain benefits to the three adult children of a deceased member of the superannuation fund. Our Wills Watch team, Rod Jones and Donna Benge look at the decision.

Consequences of not “fixing” a price for a “fixed” term energy contract - 23 Jun 2015

In December 2014, Justice White of the Federal Court made a finding that AGL South Australia Pty Ltd made false or misleading representations and engaged in misleading or deceptive conduct in contravention of the Australian Consumer Law (ACL). In late April 2015, his Honour delivered his judgment and made orders on the penalty to be awarded against AGL SA. Associate, Tania Maystrenko reviews the decision.

Sellers Beware – Price List Increase misrepresentations result in $520,000 pecuniary penalty - 23 Jun 2015

In April, the ACCC successfully obtained orders, including an injunction, the payment of pecuniary penalties, the publishing of a notice in The Australian newspaper, and the establishment of a compliance program against Actrol Parts Pty Limited (Actrol) in relation to representations made by Actrol when notifying customers of price increases. Partner, Anne Freeman reviews the decision.

China-Australia Free Trade Agreement Signed - 17 Jun 2015

After more than a decade of negotiations, the China-Australia Free Trade Agreement (ChAFTA) was signed in Canberra on Wednesday, 17 June 2015. ChAFTA is expected to have a significant impact on Australian businesses and consumers given China is Australia’s largest trading partner, with almost a quarter of Australia’s total trade. Partners, Esteban Gomez and Ted Williams discuss.

FIFA in DoJ's sights: no holds are barred, and their reach is long - 12 Jun 2015

The FIFA scandal illustrates plainly the risk of exposure to FCPA prosecution for any organisation undertaking business activity off-shore. Partner, Ted Williams looks at the issues.

Drone/UAV Regulations and Operation - Update - 05 Jun 2015

As both commercial and private use of unmanned aerial vehicles (UAVs), or ‘drones’ as they are more commonly referred to, become more prevalent, jurisdictions around the globe have either implemented or are beginning to refine tougher regulatory schemes in order to better manage their operation as well as the safety, privacy and other issues such use creates. Partner, James Lawrence, looks at the key issues and local regulations.

Recovering Unpaid Levies Part A – Tricks, Tips and Pitfalls for Bodies Corporates in relation to Unpaid Levies - 03 Jun 2015

The prompt recovery of levies which are in arrears is an important factor to ensure the smooth and efficient ongoing operation of a body corporate. In the first of two articles, Partner, Warren Jiear and Senior Associate, Katrina Pagey discuss some of the common mistakes made by Bodies Corporate in recovering unpaid levies.

Are you compliant with the Privacy amendments? The OAIC provides its assessment one year on - 03 Jun 2015

Tim Clark, Partner, and Philip Chow, Lawyer, outline the current position of the Office of the Australian Information Commissioner a year on from Australia’s privacy reforms, and look ahead at what is next for privacy strategy and compliance for commercial organisations.

The 2015 Budget and Crowd-Sourced Equity Funding - 26 May 2015

On 12 May 2015 the Federal Government released its budget for the 2015-16 financial year and has included a number of key measures that will benefit small businesses, start-ups and the crowd sourced equity funding (CSEF) space. The Federal Government’s attention on the area is promising, given the imminent introduction of legislation governing CSEF. Partner, David Cornwell and Law Clerk, Stephaine Skevington set out a brief summary of the measures announced in the Budget.

Fewer Protections for Apartment Owners in Queensland: Why a recent decision of the Supreme Court of Victoria paints a grim picture for residential apartments in Queensland suffering from Building Defects - 25 May 2015

Queensland is currently enjoying a surge in the construction of residential apartments. Unfortunately, a recent decision of the Supreme Court of Victoria has underlined again why residential apartments in Queensland benefit from fewer statutory protections than their counterparts in Victoria and New South Wales. Why? It all comes down to the words “detached dwelling”. Partner, Warren Jiear and Senior Associate, Mario Esera explain.

Requesting arbitration in a legal dispute: the importance of what you agreed - 20 May 2015

If you are contemplating Supreme Court proceedings, be careful to understand with, and comply with, the agreed dispute resolution mechanism in your contract. Failing to do so can significantly delay resolution. If you wish to circumvent the dispute resolution procedures, you need clear and express agreement in writing. Partner, Simon Morris and Law Graduate, Brendan May look at a recent case where these issues arose.

Body Corporate Levies: What are they and what happens if you don’t pay? - 14 May 2015

Most people know that if they own a lot within a community titles schemes they are required to pay Body Corporate levies. For many, however, what Body Corporate levies are, what they are used for and what happens if you do not pay them is confusing, if not an outright mystery. Therefore, to help you make sense of it all, Partner, Warren Jiear and Senior Associate, Mario Esera provide their ABC’s of Body Corporate levies.

Which “effects test” for section 46: Europe, USA, or Australia? - 11 May 2015

The Competition Policy Review’s final report delivered in March 2015 recommends that section 46 should be amended to introduce an “effects” test in line with overseas jurisdictions, and abandons the earlier draft recommendation of a new defence for conduct that is in the long-term interests of consumers.  The final report acknowledges in an appendix that corresponding provisions in the USA and Europe differ regarding “effects” of unilateral dominant firm conduct. Consultant, George Raitt discusses the differing approaches in the USA and Europe, and whether the recommended changes for Australia bring us closer to the USA or Europe, or further away from both.

A new Food and Grocery Code – will supermarket heavyweights agree to be bound or will they go off their trolley? - 11 May 2015

Lawyer, Dina Shehata, discusses the commencement of a new regulatory framework for dealings between retailers or wholesalers and suppliers in the food and grocery sector.

Forrest not so silly? Predatory pricing after the Competition Policy Review - 11 May 2015

Furore broke out recently when Andrew Forrest suggested that Australian iron ore producers should cut production to address oversupply and falling prices. It was reported that larger Australian producers had flooded the market and that some smaller Australian producers are in financial difficulties due to falling prices. Apart from demonstrating textbook damage control by Fortescue Metals, the episode provides a useful case study to consider how the recommendations of the Competition Policy Review’s final report will change that application of section 46 to predatory pricing (and cartel conduct). Consultant, George Raitt discusses the impact of the proposed “effects test” on predatory pricing.

The new data retention laws – what should you be aware of? - 11 May 2015

The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth) (otherwise known as the “new data retention laws”) has been passed into law in April 2015. Partner, Tim Clark and Lawyer, Philip Chow, provide a concise summary of the new laws and how they may affect your business.

Power to sign but not to sell? Appointing a receiver correctly. - 11 May 2015

Piper Alderman's Brisbane based Property team has recently acted for a purchaser in a receiver-appointed sale, which has presented some difficulty obtaining registration of a transfer document, due to the terms of the Receiver appointment. Partner, Peter Dwyer and Senior Associate, Mark Askin share their experience to assist mortgagees and receivers who are involved in selling property pursuant to a mortgage to ensure that appointments validly and clearly provide the receiver with a power to sell the property.

Metgasco’s success against NSW Minister for Resources and Energy: ensuring those in power act within power - 28 Apr 2015

Last week’s decision of Justice Button of the NSW Supreme Court, which quashed two decisions made by the Minister’s delegate relating to the suspension of operations by Metgasco under its Petroleum Exploration Licence (PEL), and which may set up a claim by Metgasco for compensation, serves as a lesson to holders of licences to carefully scrutinise actions taken in relation to them by the Minister or his representatives to ensure that rights are not interfered with invalidly. Partner, Anne Freeman, looks at the decision.

Fail - SMSF binding nomination not so binding - 09 Apr 2015

Munro and Another v Munro and Another [2015] QSC 61

Its all Burmese to me - 09 Apr 2015

Kyaw Nyunt (Deceased) [2015] SASC 14

Confused and vague - did the Willmaker lack testamentary capacity? - 09 Apr 2015

Docking v Schwarzkopf  [2015] SASC 18 (13 February 2015)

ACCC getting to the root of the problem - hair smoothing therapy not all that it claimed it was - 02 Apr 2015

The Australian Competition and Consumer Commission recently released its priorities for 2015, which included continued scrutiny on truth in advertising and credence claims regarding the advertisement of products that claim to have particular benefits to the health and wellbeing of consumers. Senior Associate Mitchell Coidan reviews a recent action by the ACCC in this area.

You may not be as secure as you think! The issue of migrated security interests under the PPSA - 02 Apr 2015

The Personal Property Securities Act 2009 (Cth) deems certain security interests, which would otherwise be defective, to be valid for a specified period. After this time, these security interests will become invalid unless they are corrected. In this update, Senior Associate, Maria Capati and Lawyer, Ryan Ainscough explain the types of security interests at risk and what secured parties can do to protect their interests.

The liabilities of co-sureties - 02 Apr 2015

The High Court contributes to the debate on the division of liabilities between co-sureties. Lawyer, Daniel Coloe looks at the recent High Court decision of Lavin v Toppi.

Continuous disclosure, directors duties and market based causation - 31 Mar 2015

Partner, David Cornwell and Law Clerk, Stephaine Skevington discuss a recent case in which shareholders of a company made a claim against the company for misleading or deceptive conduct.

Update on crowd sourced equity funding - 30 Mar 2015

Following our Background on Crowd Sourced Equity Funding in October 2014, the Financial System Inquiry released their final report on 7 December 2014. The report recommended that the Government ‘graduate fundraising regulation to facilitate crowdfunding for both debt and equity and, over time, other forms of financing.’ Partner, David Cornwell provides an update.

Competition and Consumer News - 27 Mar 2015

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the March 2015 edition:

  • ACCC targets pain at Nurofen supplier - Partner, Anne Freeman
  • ACCC getting to the root of the problem - hair smoothing therapy not all that it claimed it was - Senior Associate, Mitchell Coidan
  • ACCC v Pfizer: fuel for the fire regarding an "effects test" - Consultant, George Raitt
  • Time to play fair - Partner, Andrea Pane

Insolvency Update - 20 Mar 2015

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the March 2015 edition:

  • Statutory demands - ensure your debts are clearly described, or risk your demand being set aside - Senior Associate, Sarah Drinkwater
  • The PPSA in 2014 - a year in review (part 2) - Partner, Tom Griffith and Associate, Stefano Calabretta
  • Appointing provisional liquidators - on the just and equitable ground - Senior Associate, Sarah Drinkwater and Associate, Tim Logan
  • SOS: how to save your security after an insolvency event when there has been a failure to register - Associate, Stefano Calabretta

Continuous disclosure and Newcrest Mining - 20 Mar 2015

ASX is reviewing Guidance Note 8 on Continuous Disclosure, prompted by confusion over “earnings surprises” and disclosure obligations. A consultation paper was released on 6 March 2015 and the ASX has called for feedback by 24 April 2015. The ASX is expecting that it will have the updated guidance note in place by 1 July 2015. Partner, David Cornwell and Law Clerk, Stephaine Skevington review the proposed update.

Global Infrastructure Hub - March update - 13 Mar 2015

Since our previous update in January 2015, which can be viewed here, further progress has been made in establishing the Global Infrastructure Hub. The race is on for the Hub to become operational in time to secure deliverables at the Leaders' Summit in Antalya, Turkey on 15-16 November 2015. Partner, Tania Zordan provides an update on the project's progress.

Resources Update - 10 Mar 2015

Welcome to the latest edition of Resources Update, Piper Alderman's publication designed to keep you up to date with legal developments that affect the Energy and Resources sectors in Australia.

In the March 2015 edition:

  • NSW mining projects - recent legislation
  • South Australian Nuclear Royal Commission
  • In conversation with John Cotter, Chairman of the Gasfields Commission Queensland
  • and more!

Not holding leases for franchised stores? Think again! - 10 Mar 2015

Commercial Partner, Andrea Pane looks at how careful consideration of whether to hold leases for franchised stores can then have benefits for franchisors in the long term.

Miners daughter - 09 Mar 2015

Mead v Lemon [2015] WASC 71

Do I really own my brand? - 06 Mar 2015

Commercial partner, Andrea Pane looks at some of the tricky issues around brand ownership for franchisors.

The Civil Procedure Act strikes back - subpoenas and indemnity costs - 04 Mar 2015

Dispute Resolution Senior Associate, Ben Hartley, looks at the recent Supreme Court of Victoria decision of Naumovski & Ors v Ugrinovski & Ors (Naumovski) in which Justice Zammit found that breaches of the overarching obligations set out in the Civil Procedure Act had occurred. This decision shows that the Civil Procedure Act is becoming a powerful rule book governing the conduct of civil proceedings.  If litigants do not follow it, then they do so at their peril.

Nothing stays the same - 01 Mar 2015

Commercial partner, Andrea Pane, looks at issues around capital expenditure under the new Franchising Code of Conduct.

ACCC v Pfizer – Judgment summary and ramifications - 27 Feb 2015

On 25 February 2015, Justice Flick of the Federal Court of Australia ruled in favour of Pfizer Australia Pty Ltd (Pfizer), dismissing the Australian Competition and Consumer Commission (the ACCC)’s case that Pfizer’s sales and marketing conduct immediately prior to the expiration of its Lipitor patent breached sections 46 and 47 of the Competition and Consumer Act 2010 (the CCA).

Piper Alderman e-Bulletin - 26 Feb 2015

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In our February 2015 edition:

  • The anti-bullying jurisdiction: the first 12 months - Partner, Erin McCarthy and Lawyer, Eliza Hampton
  • Taking on the government: what is misfeasance in public office? - Partner, Anne Freeman and Law Graduate, Brendan May
  • Allegations of union corruption - an update on the Royal Commission into Union Misconduct - Partner, Erin McCarthy and Lawyer, Eliza Hampton
  • Amendments to ASX Guidance Note 27 - Trading Policies - Partner, Esteban Gomez and Associate, Rachel Austin

Wills Watch - 24 Feb 2015

Welcome to Piper Alderman's Wills Watch, which aims to provide accessible and informative summaries of current succession law and estate administration issues.

In the February 2015 edition:

  • The case of the hidden "Will" - Burge v Burge [2014] NSWSC 1772
  • A DVD can be a Will Document - In the Estate of Wilden (Deceased) [2015] SASC 9
  • Never too old to claim - Weekes v Barlow [2014] NSWSC 1776

Agribusiness Alert - Tighter rules for foreign purchases of agricultural land - 24 Feb 2015

Long mooted and important changes directed at foreign investment in Australian farming land will soon be made to Australia's Foreign Investment Policy. In this alert, our Agribusiness team discusses the changes and what they mean for foreign investors in Australia.

Competition and Consumer Alert - Business beware: ACCC releases 2015 priorities - 20 Feb 2015

The ACCC has just released its Compliance and Enforcement Policy for 2015. The Policy contains priorities and areas of activity which the ACCC will emphasise when undertaking compliance and enforcement. It is clear from past experience that the ACCC 'walks the talk' when it comes to its areas of focus. Partner, Anne Freeman summarises the priorities.

Competition and Consumer News - 18 Feb 2015

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the February 2015 edition:

  • Federal Court finds franchisor's conduct not so squeaky clean - Partner, Anne Freeman
  • Boycott on site - The ACCC gives priority to the CFMEU - Senior Associate, Ben Hartley
  • Innovative arguments by Innovator - Lawyer, Leonora Tyers

Insolvency Update - 22 Jan 2015

Welcome to our first edition of Insolvency Update for 2015, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the January 2015 edition:

  • Step aside - if you don't sue them, I will! - Associate, Stefano Calabretta
  • Update: Joe & Joe Developments - appropriate expenditure by insolvency practitioners - Partner, Warren Jiear and Associate, Tim Logan
  • The PPSA in 2014 - a year in review (part 1) - Partner, Tom Griffith and Associate, Stefano Calabretta
  • Companies' indemnities - liability for legal costs pre-verdict - Partner, Michele Kramer and Lawyer, Lucinda Carter

Update on the Sydney Global Infrastructure Hub - 21 Jan 2015

As advised in our recent alert, which can be viewed here, the Group of Twenty (G20) Leaders announced at the end of their two-day summit in Brisbane in November that an integral part of their plan to raise global growth by increasing investment in infrastructure would be the establishment of a Global Infrastructure Hub in Sydney. Partner, Tania Zordan provides an update on the project's progress.

Resurrecting Employee Share Schemes - 19 Jan 2015

Partner, Judy Choate discusses the evolution of Employee Share Schemes and considers how the forecast changes to the tax treatment of these Schemes will affect public and private companies. This article has been accepted for publication in the April edition of the respected industry journal, The Tax Specialist. A link to this will be provided in due course.

Wills Watch Alert - Statutory Wills - Incapacity - 14 Jan 2015

On 17 December 2014 the Supreme Court of Queensland delivered a further decision pursuant to the Succession Act 1981 (Qld) making a statutory will for a 12 year old minor, “SKC” upon the application of her mother “RKC” (RKC v JNS [2014] QSC). Special Counsels, Rod Jones and Donne Benge, discuss.

Competition and Consumer Alert - Imminent changes to franchising code of conduct - 19 Dec 2014

The current Franchising Code of Conduct will be repealed and replaced with a new Franchising Code of Conduct, which will take effect from 1 January 2015. The changes will have a significant impact on the franchise industry. Partner, Tania Zordan provides an overview of the changes.

Wills Watch - 19 Dec 2014

Welcome to Piper Alderman's Wills Watch which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the December 2014 edition:

  • Dismissed - no claim for granddaughter's provision - Feehan v Toomey [2014] VSC 488
  • We ain't gonna take it - court changes the script - GAU v GAV [2014] QCA 308
  • Another DIY disaster - In Re the Will of Fernando Masci [2014] QSC 281

Piper Alderman e-Bulletin - 18 Dec 2014

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the December 2014 edition:

  • Tips to avoid disputes on the issue of make good at the end of a lease - Partner, Tony Britten-Jones and Associate, Adam Rinaldi
  • Long brew battle over - no special test for foreign words as trade marks - Associate, Megan Comerford
  • Court decision gives individuals the right to be forgotten - Lawyer, Leonora Tyers
  • Sydney to become global infrastructure hub - Partner, Tania Zordan

Competition and Consumer News - 18 Dec 2014

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the December 2014 edition:

  • Think before you type (take six): Seafolly liable for retaliation - Senior Associate, Cheryl McLachlan
  • Back to the future: FOFA financial advice proposals defeated - Senior Associate, Bill Fragos

Insolvency Update - 03 Dec 2014

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the December 2014 edition:

  • Beware: a failure to register a personal security interest in time could result in a loss of property - Partner, Michele Kramer and Associate, Ashley Christian
  • Power of the Court to act in aid of Courts in other countries that have jurisdiction in bankruptcy - Senior Associate, Sarah Drinkwater
  • In need of direction - who can I trust? - Associate, Stefano Calabretta
  • Retention of money for tax from sale of property - is it necessary? - Special Counsel, Lisa Gallate

Resources Update - 03 Dec 2014

Welcome to the latest edition of Resources Update, Piper Alderman's publication designed to keep you up to date with legal developments that affect the Energy & Resources sectors in Australia.

In the December 2014 edition:

  • Update on amendments to Queensland's financial assurance system
  • JORC Code 2012 Updates commenced 1 December 2014
  • NSW Coal Seam Gas industry - major new developments proposed
  • Amendments to Emissions Reduction Fund
  • and more!

Sydney to become Global Infrastructure Hub - 01 Dec 2014

Ambitious infrastructure projects are a key area of focus for business in Australia. This was boosted by the G20 Leaders' endorsement, on 16 November 2014, of the establishment of a global infrastructure hub in Sydney, making Sydney central to global infrastructure projects. Partner, Tania Zordan reports on the establishment of the new hub.

Competition and Consumer News - 19 Nov 2014

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the November 2014 edition:

  • Cartel conduct - it's not such a gas, gas, gas - Partner, Anne Freeman
  • ACCC at Reebok's heels - Senior Associate, Bill Fragos
  • Europcar en route to the Courts - Partner, Anne Freeman

High Court examines Responsible Entity's ability to distribute Scheme Property - 14 Nov 2014

On 5 November 2014, the High Court issued its decision concerning the power of the Responsible Entity of a Managed Investment Scheme to distribute actual Scheme Property other than cash to Scheme Members. Special Counsel, Lisa Gallate reviews the decision.

China outbound investment regulations and requirements - 13 Nov 2014

China's overseas investment has rapidly increased over the last few years as Chinese companies expanded into new markets, seeking to develop advanced technology and acquiring energy and resources and brand names. Investment into the agribusiness sector from China is no exception as international investment focus turns to food security and food safety. Piper Alderman has acted on acquisition and joint venture investment transactions for both Chinese and domestic clients, most recently for Qingdao Gather Great Ocean Algae Industry Group Co., Ltd from Shandong Province on its acquisition of Australian Kelp products, and Peloris Global Sourcing on its collaboration with Chinese authorities and industry body Dairy Connect in developing and implementing a streamlined cold chain solution for Australian fresh milk imports to China. Potential Australian joint venture partners and vendors should be aware of the regulation which applies in China to capital coming out of that country because it can affect deal timeframes and deal logistics. Lawyer, Shao Ma gives an overview of the regulations around Chinese investment.

NSW Coal Seam Gas Industry - Major new developments proposed - 13 Nov 2014

On 13 November 2014, the Baird Government announced a new regime for the regulation of Coal Seam Gas exploration in New South Wales. The new NSW ‘Gas Plan’ will be introduced into Parliament later this month. It will reset the areas available for Coal Seam Gas exploration in New South Wales and provide for a detailed compensation regime for farmers and other community groups adversely affected by Coal Seam Gas operations. Lawyer, Bahar Agar and Law Clerk, Christopher Davies provide an overview of the proposed regime.

Exporting food to the USA - upcoming regulatory changes - 12 Nov 2014

Partner, Simon Venus, and Law Graduate, Dina Shehata address future issues faced by Australian exporters of food into the United States, particularly in light of the proposed amendments to US importation laws. These changing provisions will be particularly relevant for small to medium-sized exporters.

Tax reform on the horizon for Australian primary producers - 31 Oct 2014

Last week the Government released its ”Agricultural Competitiveness green paper“, which has been produced following receipt of almost 700 submissions from stakeholders in the agricultural sector. Taxation specialist Will Fennell summarises the tax measures proposed in the Government’s green paper.

Piper Alderman e-Bulletin - 31 Oct 2014

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the October 2014 edition:

  • ESOP tax changes announced - Partner, Judy Choate
  • China outbound investment regulations and requirements - Lawyer, Shao Ma
  • Allegations of Union corruption - the Royal Commission into Union Misconduct - Partner, Erin McCarthy and Law Clerk, Eliza Hampton
  • Have you duly undertaken due diligence? - Senior Associate, Josh Steele and Associate, Rachel Austin

Primary producers - what are the tax concessions? - 28 Oct 2014

While according to the OECD report "Agricultural Policy Monitoring and Evaluation 2013" Australian farmers are some of the least subsidised in the world, there are nonetheless a range of tax concessions available in Australia to primary producers. Here, Taxation Specialist Will Fennell summarises those concessions.

Insolvency Newsflash - Focus on appropriate expenditure by practitioners continues - 27 Oct 2014

Re: Joe & Joe Developments Pty Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1444

Recently, Courts have increased focus on the appropriateness of expenditure (including legal fees) incurred by insolvency practitioners and the steps they should undertake to determine if the costs and expenses are reasonable. Warren Jiear, Partner and Tim Logan, Associate look at a case handed down on 22 October 2014 that considered these issues and the implications for practitioners.

Competition and Consumer News - 20 Oct 2014

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the October 2014 edition:

  • Court's free range decision may impact pricing - Senior Associate, Bill Fragos
  • ACCC gets tough with company officers following section 155 Notices - Partner, Anne Freeman
  • Half pregnant: an "effects" test with a "purpose" defence? - Partner, George Raitt
  • Merger clearance proposals: should process determine outcome? - Partner, George Raitt
  • National champions: the global economy and Australian consumers - Partner, George Raitt

ESOP Tax changes announced - 14 Oct 2014

On 14 October, the Federal Government announced the changes it foreshadowed to the tax treatment of Employee Share and Option Plans (ESOPs). The changes are significant for any company, whether public or private, which would benefit from issuing equity (or options to acquire equity) to employees or directors at a discount to market value as a means of remuneration, incentivisation, retention or raising capital.

The price for being “unreasonable” – Body Corporate ordered to pay costs in management rights dispute - 13 Oct 2014

The Queensland Civil and Administrative Tribunal is ordinarily a “no cost” jurisdiction – meaning that parties to a dispute ordinarily bear their own costs regardless of the outcome. Costs may be awarded, but this happens rarely and only when the Tribunal is satisfied that the interests of justice require such an order. On 11 September 2014, the Tribunal ordered the Body Corporate for the Surfers Beachcomber to pay costs arising out of a management rights dispute. Partner, Warren Jiear and Senior Associate, Mario Esera, look at this case and its likely implications for Bodies Corporate engaged in similar disputes in the future.

Background on Crowd Sourced Equity Funding - 02 Oct 2014

Crowd Sourced Equity Funding is a relatively recent method of company financing. It refers to arrangements through which a business (the issuer) seeks to raise capital, particularly early-stage funding, by offering small debt or equity interests in the issuer to large numbers of investors (typically retail), sourced through a crowd funding online platform which serves as an intermediary between the issuer and the investors/internet users. Partner, David Cornwell, Lawyer, Bahar Agar and Law Clerk, Chris Davies, discuss the background and current status of Crowd Sourced Equity Funding.

Insolvency Update - 30 Sep 2014

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the September 2014 edition:

  • The Personal Property Securities Act - Interim Review - Partner, Amanda Banton and Special Counsel, Lisa Gallate
  •  Applying trust assets against liquidators' remuneration - Senior Associate, Sarah Drinkwater, Associate, Tim Logan and Paralegal, Erin Donald
  • Federal Court of Australia upholds landmark cross-border insolvency decision - Associate, Stefano Calabretta

Piper Alderman e-Bulletin - 25 Sep 2014

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the September 2014 edition:

  • Solicitor denied Class Action Treasury - a case note - Senior Associate, Ben Hartley
  • Backdoor listings - tips for a smooth transaction - Partner, Craig Yeung and Associate, Jarrod Wilksch
  • Manager's harassment of contractor out of sight, but not out of the workplace, over drinks - Partner, Tim Lange, and Lawyer, Hannah Linossier

Competition and Consumer News - 01 Sep 2014

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the September 2014 edition:

  • The future of the Future - who benefits? - Senior Associate, Bill Fragos
  • Meerkat manner catches regulator's attention - Senior Associate, Bill Fragos
  • Product labelling and the ACCC - place of origin and credence claims - Senior Associate, Bill Fragos
  • Weight of the law in favour of weightlifting products company - Partner, Anne Freeman

Wills Watch - 28 Aug 2014

Welcome to Piper Alderman's Wills Watch, which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the August 2014 edition:

  • Assisted suicide and forfeiture - The Public Trustee of Queensland v The Public Trustee of Queensland & Ors [2014] QSC 47
  • Lost Wills and the presumption of revocation - Lawrence v Australian War Memorial [2014] NSWSC 757
  • A moral obligation to provide for grandchildren? - Simonetto & Anor v Dick [2014] NTCA 4
  • Are the children Catholic? - Hickin v Carroll & Ors (No 2) [2014] NSWSC 1059

Piper Alderman e-Bulletin - 22 Aug 2014

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the August 2014 edition:

  • Dispelling the myths of digital piracy - copyright infringement - Senior Associate, Cheryl McLachlan and Law Clerk, Nesha Jeyalingam
  • Join the crowd - CAMAC releases proposals to regulate crowd sourced equity funding - Partner, Craig Yeung, Associate, Jarrod Wilksch and Lawyer, Liberty Privopoulos
  • More changes for Google trade marks policy in Australia - Partner, Tim O'Callaghan and Associate, Megan Comerford

Transport Update - Guidance on the Heavy Vehicle Law Reasonable Steps Defence - 15 Aug 2014

The decision in Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2014] NSWCA 132 was handed down earlier this year and provides guidance on the difficulty of relying on the “reasonable steps defence” under the Heavy Vehicle National Law.

The case was heard in the NSW Court of Appeal following an initial hearing in the Magistrate’s Court and a subsequent appeal in the NSW Supreme Court. Both earlier decisions found that Western Freight Management Pty Limited was guilty of a contravention of a mass requirement. Senior Associate, Maria Capati and Lawyer, Ryan Ainscough review the decision and discuss the implications for drivers and operators.

Insolvency Update - 14 Aug 2014

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the August 2014 edition:

  • Hands off my money! High Court of Australia confirms priority of Liquidators' lien - Associate, Stefano Calabretta
  • The purpose and appropriateness of liquidator's examinations - will there be a change to the status quo? - Partner, Amanda Banton, Senior Associate, Paul Springthorpe and Law Graduate, Frieda Chan
  • Liquidators - obliged to hold money for tax from sale of property? - Special Counsel, Lisa Gallate
  • Recognition of foreign main proceedings in cross-border insolvency matters - Senior Associate, Sarah Drinkwater and Associate, Tim Logan

Construction industry beware: Court overturns long stop interpretation of s134 of the Building Act 1993 - 12 Aug 2014

A recent decision of the Victorian Court of Appeal in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165 has clarified that the limitation period for building actions is 10 years from the issue of the occupancy permit or certificate of final inspection regardless of whether the action is brough in contract or tort. Partner, Megan Calder and Associate, Pei Yau, discuss the implications of this decision.

Competition and Consumer News - 05 Aug 2014

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the August 2014 edition:

  • Drip pricing actions - first drop in the ocean? - Partner, Anne Freeman
  • AGL's MacGen merger authorisation: elephants still in the room? - Partner, George Raitt
  • Half time for the Harper Review - progress report of the Competition Policy Review - Partner, Tom Griffith
  • Franchisors' on-line business may infringe rights of franchisees - Partner, George Raitt and Lawyer, Lucinda Carter

Piper Alderman e-Bulletin - 23 Jul 2014

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the July 2014 edition:

  • Not quite ten out of TEN! - Partner, Tom Griffith and Senior Associate, Elisabeth Pickthall
  • ASX releases guidance on performance share requirements - Partner, Craig Yeung and Associate, Jarrod Wilksch
  • Federal Court eggs the ACCC: video link for free range expert denied - Senior Associate, Ben Hartley
  • The importance of accurate subpoenas - Senior Associate, McKenzie Moore

The Importance of DIRRIs has been highlighted - 22 Jul 2014

In February 2014, we published an Insolvency Update discussing the matter of Re Walton Constructions Pty Ltd (in liq); ASIC v Franklin [2014] FCA 68, in relation to an unsuccessful application by ASIC to remove the liquidators of the relevant companies for a perceived lack of independence and impartiality (also seeking further declarations that the DIRRI they completed was deficient). Partner Warren Jiear and Associate, Tim Logan look at ASIC's appeal against this decision.

South Australian Legislative Update - Advance Care Directives - 04 Jul 2014

As of 1 July 2014, the provisions of the Advance Care Directives Act 2013 (SA) (ACD Act) come into operation. 

The ACD Act greatly impacts how an individual's medical, health care and lifestyle decisions can be made if they are unable to make those decisions by establishing one document now called an Advance Care Directive (ACD).

Piper Alderman e-Bulletin - 26 Jun 2014

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the June 2014 edition:

  • Proposed reforms to dividend rules...yet again - Senior Associate, Bianca Battistella and Lawyer, Liberty Privopoulos
  • ASX release third edition of Corporate Governance Principles and Recommendations - Senior Associate, Jen Tan and Lawyer, Liberty Privopoulos
  • Differing approaches by English and Australian Courts to defamation on social media - Partner, Tom Griffith and Senior Associate, Mitchell Coidan
  • Shareholders' agreement vs company constitution - can you rely on an inconsistency clause? - Senior Associate, Bianca Battistella and Lawyer, Liberty Privopoulos

Insolvency Update - 18 Jun 2014

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the June 2014 edition:

  • Freezing orders - do they apply to all jurisdictions? - Partner, Warren Jiear
  • Liquidators wanting court approval for commercial decisions - when is it appropriate? - Associate, Sarah Drinkwater and Lawyer, Tim Logan
  • Victorian Court of Appeal broadens scope of "benefit" under section 588FDA - Senior Associate, Elisabeth Pickthall and Associate, Stefano Calabretta
  • Can sharing documents waive privilege? - Lawyer, Lucinda Carter

Wills Watch - 16 Jun 2014

Welcome to Piper Alderman's Wills Watch which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the June 2014 edition:

  • Administrator's duties and superannuation benefits - McIntosh v McIntosh [2014] QSC 99
  • Further provision for adopted child - Hynard v Gavros [2014] SASC 42
  • Is the beneficiary alive - or not? - Estate of Ian Roderick Douglas, Cummins & Anor v Wu [2014] NSWSC 478
  • The Will is lost - will a copy do? - In the will of Gregory Thomas Barnes [2014] QSC 66

FMD scheme changes enacted this week - 06 Jun 2014

The FMD scheme is an income equalisation scheme available to primary producers. Taxation Specialist Will Fennell looks at changes to the scheme that will affect those in the agribusiness sector.

Insolvency Update - Can sharing documents waive privilege? - 05 Jun 2014

Lawyer, Lucinda Carter looks at the recent decision in Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Limited (No 2) [2014] FCA 481 that reinforces the need to ensure that an express relationship of confidentiality exists when sharing or disseminating documents subject to legal professional privilege.

Piper Alderman e-Bulletin - 20 May 2014

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the May 2014 edition:

  • Test for extinguishment of native title clarified - Senior Associate, Kelly Scott and Lawyer, Philippa Metljak
  • NSW Supreme Court finds senior employee's wife liable in Knowing Assistance Claim - Partner, Tom Griffith and Associate, Stefano Calabretta
  • "Oh my God, they killed Kenny!" - copyright infringement on YouTube settled - Associate, Cheryl Nemeth
  • ASX implements new timetables for rights issues - Senior Associate, Jen Tan and Lawyer, Liberty Privopoulos
  • Cappuccino per favour? High Court to reconsider foreign word trade mark - Associate, Cheryl Nemeth and Law Clerk, Claire Arthur
  • Look away now - when seized documents may be inspected by a liquidator under s483 of the Corporations Act - Lawyer, Daniel Coloe

Competition and Consumer News - 16 May 2014

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the May 2014 edition:

  • Nextra succeeds in taking down rival's misleading blog post - Senior Associate, Bill Fragos
  • When 4 plus 4 does not equal 8: the ACCC's shopper docket undertaking - Partner, George Raitt
  • ACCC aims to take Coles down, down in unconscionable conduct claim - Partner, Anne Freeman

Insolvency Newsflash - 09 May 2014

In February 2014 we published an Insolvency Update discussing the matter of Re Walton Constructions Pty Ltd (in liq); ASIC v Franklin [2014] FCA 68, in relation to an unsuccessful application by ASIC to remove the liquidators of the relevant companies for a perceived lack of independence and impartiality (also seeking further declarations that the DIRRI they completed was deficient).

Protection of vendors rights on re-sale - 22 Apr 2014

The Supreme Court of South Australia's decision in the recent case of Murphy v Mitanovski may be relevant to brokers in any case where instructions are taken from a vendor to sell a hotel in circumstances where settlement pursuant to a previous sale contract did not proceed due to a failure by the previous purchaser. The principles apply whether the previous sale contract was dealt with by the current broker or by another agent. Unfortunately, the case is particularly relevant in the current economic climate.

Wills Watch - 17 Apr 2014

Welcome to Piper Alderman's Wills Watch, which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the February 2014 edition:

  • Superannuation and your estate planning - Examination of Ioppolo & Heresford v Conti [2013] WASC 389 and Wooster v Morris [2013] VSC 594
  • Trustee's discretion and when to seek judicial advice - Application by Cottee re Estate of Smith [2013] NSWSC 47
  • Offensive and scandalous language in Wills - In the Estate of Michael Edward Welsh (deceased) [2014] SASC 13

Competition and Consumer News - 17 Apr 2014

In the April 2014 edition:

  • Telstra succeeds in stopping Optus' comparative advertisements - Senior Associate, Bill Fragos
  • More success for the ACCC in actions against breast imaging service providers - Partner, Anne Freeman
  • Amendments to the Franchising Code of Conduct - Partner, George Raitt and Lawyer, Jennifer McGarvie
  • Birdsville and predatory pricing: What were they drinking? - Partner, George Raitt

Insolvency Update - 14 Apr 2014

Welcome to the latest edition of Piper Alderman's Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In this edition:

  • Extensions of time for voidable transactions - Senior Associate, James Nunn
  • It's all about timing - Senior Associate, Elisabeth Pickthall and Associate, Stefano Calabretta

Insolvency Update - It is all about timing - 07 Apr 2014

In the recent matter of JP Morgan Chase Bank, National Association v Fletcher; Grant Samuel Corporate Finance Pty Ltd v Fletcher [2014] NSWCA 31, the NSW Court of Appeal handed down a decision with important consequences for liquidators and the time they have to commence proceedings for voidable transactions. The decision also illustrates the frequently inconsistent operation of the Corporations Act 2001 (Cth) and Court procedure rules. Senior Associate, Elisabeth Pickthall and Associate, Stefano Calabretta discuss the decision.

Insolvency Update - Extension of time for voidable transactions - 07 Apr 2014

The recent case of Clout v Andi-Co Australia Pty Ltd [2013] QSC 278 concerned a liquidators’ application for an extension of the period within which to bring a number of voidable transaction proceedings. In the case the court had to consider whether the lack of funding in a liquidation was an adequate reason to explain the delay in investigating and instituting proposed proceedings or rather whether the liquidator had not been diligent enough in his duties. Senior Associate, James Nunn, discussed the case in an article published in ARITA Journal Jan-Mar 2014 - below is an abridged version of his article.

Resources Update - APPEA Edition - 04 Apr 2014

Welcome to the special APPEA edition of Resources Update, Piper Alderman's publication designed to keep you up to date with legal developments that affect members of the Energy and Resources sector in Australia.

In the April 2014 edition:

  • A national interest test for LNG exports?
  • Foreign Investment Review Board increasing focus on tax consequences
  • Corporate Social Responsibility and resources projects in Australia
  • Emissions Reduction Fund
  • Unconventional gas in Australia: the battle for hearts and minds

Piper Alderman e-Bulletin - 04 Apr 2014

In the April 2014 edition:

  • Shares: an instrument of crime? - Partner, Frank Lancione and Lawyer, Louise Cooper
  • Referral relationships with liquidator - when is this a conflict? - Associate, Sarah Drinkwater and Lawyer, Tim Logan
  • ASIC updates guidance on electronic offers of securities - Partners, Tom Griffith and Craig Yeung, and Associate, Jarrod Wilksch
  • Legal traps when buying or selling a business with followers, likers or subscribers - Partner, Craig Yeung and Associate, Jarrod Wilksch

Competition and Consumer News - 21 Mar 2014

In the March 2014 edition:

  • Holding back the tide: ACCC's MacGen determination - Partner, George Raitt
  • Purchaser misled by Centro shopping centre sale - Senior Associate, Bill Fragos
  • Breast Check should have checked conduct - Partner, Anne Freeman

Insolvency Update: Proposed Amendments to Personal Property Securities Act 2010 regarding deeming of leases for serial numbered goods as PPS leases - 21 Mar 2014

On 19 March 2014, the Personal Property Securities Amendment (Deregulation Measures) Bill 2014 was introduced to the Federal Parliament to amend provisions of the Personal Property Securities Act 2010 (Cth) with a view to reducing the costs of complying with the PPSA for small and medium vehicle and equipment hiring businesses. Senior Associate, Nathan Brunt, discusses this development.

Competition and Consumer Alert - Business beware: ACCC releases 2014 policy on competition and consumer law activity - 14 Mar 2014

The ACCC has recently released its Compliance and Enforcement Policy for 2014. The Policy contains priorities and areas of activity which the ACCC will emphasise when undertaking compliance and enforcement. Whilst some of these priorities are continuing from 2013, there are some new areas that the ACCC will be examining. Senior Associate, Bill Fragos considers the ACCC's priorities for 2014, and the impact on business.

Introduction of the Farm Household Allowance - 12 Mar 2014

Yesterday two new bills (the Farm Household Support Bill 2014 and Farm Household Support (Consequential and Transitional Provisions) Bill 2014) were introduced into the House of Reps to implement the Farm Household Allowance, an income support payment for farmers and their partners in financial hardship. The allowance will replace the existing Exceptional Circumstances Relief Payment, which was only available to farmers in regions experiencing exceptional circumstances, such as drought. The new allowance will be available without a drought or Exceptional Circumstances declaration. Taxation Specialist Will Fennell discusses the new bills.

Piper Alderman e-Bulletin - 07 Mar 2014

In the March 2014 edition:

  • Misuse of confidential information: Group therapy gone wrong? - Senior Associate, Ben Hartley
  • High Court grants Doctor relief despite successful self-help sperm acquisition - Senior Associate, Juniper Watson
  • Abolition of ACNC confirmed - Partner, Tom Griffith
  • Excessive costs tax Court's patience - Senior Associate, Nathan Brunt

Holding back the tide: ACCC’s MacGen determination - 07 Mar 2014

The ACCC has announced it will oppose AGL’s proposed acquisition of MacGen’s electricity generation assets due to perceived likely anti-competitive effects in the NSW retail electricity market. The final determination is not yet available, however, the decision follows the line of argument raised in the ACCC’s issues paper released on 6 February 2014.  Partner, George Raitt discusses the issues raised.

Changes to FMD scheme ahead - 05 Mar 2014

The “farm management deposits” (or FMD) scheme is a form of income equalisation which allows an individual carrying on a primary production business (including a primary production business carried on as a partner in partnership or as beneficiary of a trust) to carry over income from years of good cash flow and to draw down on that income on years when the cash is needed. Taxation specialist Will Fennell looks at the proposed changes.

Insolvency Update - Referral relationships with Liquidator: when is this a conflict? - 28 Feb 2014

It is common for liquidators (and all of us working in the insolvency industry) to work with a few firms or individuals and for referrals to predominately be distributed amongst those. In the recent decision in Re Walton Construction Pty Ltd (In Liq); ASIC V Franklin [2014] FCA 68, the Federal Court considered when that relationship might amount to a conflict. Associate, Sarah Drinkwater and Lawyer, Tim Logan discuss the Court's decision.

Insolvency Update - Victorian Courts taking active steps to review compliance with the Civil Procedure Act 2010 (Vic) - 25 Feb 2014

A recent decision by the Court of Appeal in the Victorian Supreme Court indicates that the courts are increasingly prepared to take steps on their own motion to investigate and deal with breaches of the Civil Procedure Act 2010 (Vic). Senior Associate, Nathan Brunt, discusses the decision.

Resources Update - 21 Feb 2014

Welcome to the February 2014 edition of Resources Update, Piper Alderman's publication designed to keep you up to date with legal developments that affect members of the energy and resources sector in Australia.

In this edition:

  • Joint Venture Security: PPS transitional period ends
  • Movement on overlapping tenure in Queensland
  • Commencement of Wallumbilla Gas Supply Hub in Queensland
  • Proposals for change: NSW stamp duty on mining tenements
  • Cancellation of coal licences: NSW ICAC corruption findings lead to legislation to cancel coal licences
  • Snippets from the ASX

Competition and Consumer News - 17 Feb 2014

In this month's edition:

  • ACCC scrutiny of guarantees is guaranteed - The ACCC's tough stance on misrepresentations to consumers regarding their consumer guarantee rights shows no signs of abating. Partner, Anne Freeman looks at the latest news in this area.
  • Unilever hangs Colgate and Cussons out to dry - Recently the ACCC has commenced proceedings in the Federal Court against PZ Cussons Australia Pty Ltd and Colgate Palmolive Pty Ltd, alleging that they made and gave effect to a cartel, and engaged in anti-competitive conduct relating to their ultra-concentrate products. Senior Associate, Bill Fragos discusses the proceedings.
  • Penalty judgement entered after ACCC takes action on fake testimonials - Partner, Tom Griffith, discusses a recent judgement of the Federal Court in proceedings involving fake testimonials and false and misleading comments about the country of origin of the solar panels supplied by "Euro Solar" and "Australian Solar Panel".

Wills Watch - 07 Feb 2014

Welcome to Piper Alderman's Wills Watch, which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the February 2014 edition:

  • Lost and found - Neuendorf & anor v the Public Trustee of QLD as executor of the estate of J R Dickfos (deceased) [2013] QSC 156
  • Effect of marriage on the validity of a Will - Steel v Ifrah [2013] VSC 199
  • Competing interests over an estate with no Will - Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney [2013] NSWSC 1520
  • Minors have superannuation death benefits too - D13-14/048 [2013] SCTA 124

Transport Update - The first Road Safety Remuneration Order - 03 Feb 2014

The first Road Safety Remuneration Order has been handed down on 17 December 2013. The order was made under the Road Safety and Remuneration Act 2012 which commenced on 1 July 2012 with the stated objective of promoting safety and fairness in the Road Transport Industry. Senior Associate, Maria Capati and Lawyer, Ryan Ainscough, discuss the Order.

One week to go - register your transitional security interests or lose them! - 28 Jan 2014

The temporary perfection period for transitional security interests is ending at midnight on 31 January 2014. Secured parties must immediately ensure their transitional security interests are perfected by registration on the Personal Property Securities Register in order to ensure their interests are protected.

Competition and Consumer News - 13 Jan 2014

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the January edition:

  • Mitsubishi Electric's price maintenance gets cold reception - Senior Associate, Bill Fragos
  • Attempted approach by Flight Centre aborted by Court - Senior Associate, Bill Fragos
  • Dimmeys fails to meet safety standards - Senior Associate, Bill Fragos
  • Faith heel-ers? ACCC tries to tone down Reebok's claims - Senior Associate, Bill Fragos

GST sale of going concern and farmland exemptions to be abolished - 02 Jan 2014

Taxation specialist Will Fennell reports on a recent announcement to abolish GST exemptions relevant to agribusiness transactions.

Insolvency Update - Virtual worldwide creditors meeting is now a reality - 20 Dec 2013

With the continuing growth in companies trading in an online environment, it is increasingly common for liquidators to deal with creditors in numerous countries around the world. It is also becoming more and more common for liquidators to deal with creditors who have only ever traded with a company in an online manner. Piper Alderman's Brisbane Insolvency Team headed by Warren Jiear, teamed up with Blair Pleash of Hall Chadwick recently and appeared in the Supreme Court of Queensland seeking the Court's directions regarding the convening and conducting of an online meeting of creditors in circumstances where creditors are located in at least 35 different countries.

Competition and Consumer Alert - ACCC reins in misleading pricing - 17 Dec 2013

Partner, Tom Griffith, discusses the High Court's decision in ACCC v TPG - a significant win for the ACCC in its efforts to rein in the misleading pricing of products and services.

Nobbys Outlook termination order makes body corporate history - 13 Dec 2013

On 20 November 2013, the District Court at Brisbane made an order terminating the Body Corporate for Nobbys Outlook CTS 14822 pursuant to section 78(2) of the Body Corporate and Community Management Act 1997. The Termination Order is unique, such an order never having been made before in Queensland or in any other state under like legislation. Partner, Warren Jiear and Senior Associate, Mario Esera, acted for the Body Corporate; here, they look at the case and its likely implications.

Competition and Consumer News - 12 Dec 2013

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the December 2013 edition:

  • Power without glory: ACCC v Cement Australia - Partner, George Raitt
  • Deal or no deal: new NSW legislation creates separate unfair contracts regime for motor dealer agreements - Partner, Anne Freeman
  • Bundled discounts: misuse of market power? - Partner, George Raitt
  • Advantage ANZ: ANZ found not to have breached Competition and Consumer Act - Partner, Tom Griffith
  • ACCC overpowers utility companies - Senior Associate, Bill Fragos
  • Multiple pricing: Zamel's pays the price for its jewels - Senior Associate, Bill Fragos

The countdown is on - calling time on the transitional provisions under the PPSA - 10 Dec 2013

The transitional protections under the Personal Property Securities Act 2009 (Cth) will expire on 30 January 2014. Are you ready?

Piper Alderman e-Bulletin - 09 Dec 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the December 2013 edition:

  • Brewed awakening for coffee giant over foreign language trade marks - Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110
  • Minerals Resource Rent Tax reforms
  • Disclosure and analysts briefings
  • What are your employees doing in the course of employment? - Comcare v PVYW

Wills Watch - 06 Dec 2013

Welcome to Piper Alderman's Wills Watch, which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the December 2013 edition:

  • An imaginary beneficiary - Haim v NSW Trustee & Guardian; Estate of Feuerring [2013] NSWSC 1406
  • The right to reside versus a life interest in property - a question of construction and interpretation of a Will - McElligott v Public Trustee of Queensland & Ors [2013] QSC 314
  • Real estate and Self Managed Superannuation Funds
  • My iPhone Will - Yu [2013] QSC 322

Insolvency Update - 05 Dec 2013

Partner, Warren Jiear, along with Associate, Sarah Drinkwater and Lawyer, Timothy Logan, look at three cases relating to the setting aside of personal insolvency agreements and terminating/setting aside resolutions for Deeds of Company Arrangements and the issues which a court will consider when deciding whether such a step should occur. Piper Alderman's Credit Management and Insolvency teams acted in two of these proceedings.

Government releases terms of reference for Agriculture White Paper - 02 Dec 2013

On 9 December 2013, Agriculture Minister Barnaby Joyce announced the terms of reference of the Agriculture Competitiveness White Paper, stating that the purpose of the paper would be to generate jobs, increase farm gate returns, investment and economic growth in one of Australia's key export industries.

Competition and Consumer News - 19 Nov 2013

Welcome to Piper Alderman's bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the November 2013 edition:

  • No clucking matter: Australian Competition and Consumer Commission v Turi Foods et al
  • En garde: ACCC foreshadows vigilant approach to statutory compliance
  • Making the case for merger efficiencies

Resources Update - Special Edition - 15 Nov 2013

Welcome to Piper Alderman's Resources Update, our publication designed to keep members of the Energy and Resources sector up to date with legal developments that may affect them.

In this special edition, we present the paper that Alan Jessup, Partner in our Tax group, recently presented at the 37th national AMPLA Conference entitled 'Application of stamp duty to mineral and petroleum transactions'.

Piper Alderman e-Bulletin - 01 Nov 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments.

In the November 2013 edition:

  • Unions struck on the forge: Lessons for Insolvency Practitioners and Directors from the Federal Court - Partner, Michael Lhuede and Senior Associate, Ben Hartley
  • The right to silence - Partner, Tom Griffith
  • Position paper on Privacy Law Regulation Amendments - Senior Associate, Brooke Willshire and Lawyer, Louise Cooper
  • ASX flags reforms for Corporate Governance Principles and Recommendations - Partner, Craig Yeung and Associate, Jarrod Wilksch

What is the current status of FIRB thresholds for purchases of agricultural land? - 01 Nov 2013

In light of ongoing publicity about foreign acquisitions of Australian agricultural land, Partner, Simon Venus and Law Graduate, Liberty Privopoulos look at the current status of the FIRB reporting requirements.

Transport Update - Potentially unlawful employer surveillance not enough to invalidate enterprise agreement - 28 Oct 2013

A recent decision of the Fair Work Commission has approved an enterprise agreement despite containing a clause that potentially breached state legislation because it allowed GPS tracking of employees and equipment. Senior Associate, Benjamin Motro and Lawyer, Ryan Ainscough discuss.

Transport Update - The South Australian Government seeks to remove indemnity loophole - 11 Oct 2013

In August, the Corporate Transport team reported on the decision of Hillman v Ferro Con (SA) Pty Ltd (in liquidation) and Anor [2013] SAIRC 22 which criticised the use of insurance policies allowing directors to avoid personally paying fines for workplace health and safety law breaches (see Piper Alderman Transport Update, August 2013). In this update, we review the government's response to the decision and the likely changes to be made.

Wills Watch - 04 Oct 2013

Welcome to the latest edition of Piper Alderman's Wills Watch, looking at current succession law and estate administration issues.

Highlights of the October 2013 edition:

  • Succession planning for SMSFs and the role of a corporate trustee
  • Succession and farming families - Peters v Salmon [2013] NSWSC 953
  • A limit on trustees' discretion - Foley v Gleeson and Ors [2013] QSC 234
  • Separated spouse receives further provision from husband's estate - Jordan Watt v Riordan; in the Estate of Ned William Jordan [2013] NSWSC 1132
  • Together forever... in life and death - Teasdales & Teasdales [2013] FCCA 429

Piper Alderman e-Bulletin - 03 Oct 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin, which aims to provide accessible and informative summaries of recent significant legal developments. In this month's edition:

  • Smartphones and social media under the Workplace Surveillance Act (NSW) 2005
  • New Heavy Vehicle National Law: Are you ready?
  • New service standards for processing application by NSW Miners
  • Are standard form dispute resolution clauses enforceable?

Competition and Consumer News - 25 Sep 2013

Welcome to Competition and Consumer News, which looks at the latest information and developments in competition law and consumer law.

In the September 2013 edition:

  • 'Interest-free' retail finance
  • ACCC sees red: More action on door-to-door and telemarketing sales conduct
  • I'm from the government and I'm here to help - ACCC seeks to intervene in competition case
  • Extensions of unfair contracts regime

Resources Update - 20 Sep 2013

Welcome to the latest edition of Piper Alderman's Resources Update, the publication designed to keep you up to date with legal developments in the energy and resources sector in Australia.

In the September 2013 edition:

  • A new government: new policies
  • The Exploration Development Incentive
  • ASIC's Regulatory Guide 247: Effective disclosure in an Operating and FInancial Review
  • Beware: Mine site camps!
  • New additions to our Energy & Resources group
  • Looking for common ground
  • Joint venture structures in mining and resources projects

Piper Alderman e-Bulletin - 13 Sep 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin, keeping you up to date with recent significant legal developments.

In the September 2013 edition:

  • Caution when "dragging along" shareholders - Bianca Battistella, Senior Associate
  • Government canvasses new employee share scheme arrangements for start-ups- Craig Yeung, Partner and Jarrod Wilksch, Associate
  • Is it pozible to kickstart your business in this economic environment?- Rohan Pardasani, Associate and Philip Chow, Law Clerk
  • Court upholds the removal of a unitholder by other unitholders- Bianca Battistella, Senior Associate and Liberty Privopoulos, Law Graduate

Building & Construction News - 13 Aug 2013

Welcome to the latest edition of Building & Construction News, looking at recent case law and legislative developments relevant to the building sector.

Highlights of the August 2013 edition:

  • Are standard form dispute resolution clauses enforceable?
  • Watch this space: the new Queensland Building and Construction Commission
  • Security of Payment Act update
  • Thought you owned it? You might want to check that

Piper Alderman e-Bulletin - 09 Aug 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin, keeping you up to date with recent significant legal developments.

In the August 2013 edition:

  • The importance of registration under the PPSA: Ownership will not prevail, it’s all about priority! - Bianca Battistella, Senior Associate, Maria Capati, Senior Associate and Ryan Ainscough, Lawyer
  • Joint venture structures in mining and resources projects - Shao Ma, Lawyer
  • ASIC’s recent regulatory activity - Craig Yeung, Partner,  Jarrod Wilksch, Associate and John Beilby, Lawyer
  • High Court adopts broad interpretation of market manipulation - Frank Lancione, Partner and Louise Cooper, Lawyer
  • Minerals Resource Rent Tax survives High Court challenge - Lauren Singh, Lawyer

Wills Watch - 09 Aug 2013

Welcome to the latest edition of Piper Alderman's Wills Watch, looking at current succession law and estate administration issues.

In the August 2013 edition:

  • Letter or Will? - In the Estate of William Edward Dodds (Deceased) [2013] SASC 56
  • Interpretation as to the correct distribution of income - Marks v Marks [2013] VSC 75
  • Personal liability for misconduct as executor - Neil Ronald Telfer and Executor of the Estate of the late Lyall Tefler v Carolyn Telfer (No 2) [2013] NSWSC 823
  • Same sex inheritance claims - Brennan v Mansfield and Prince Alfred College Inc [2013] SASC 83
  • Court ordered Will for incapacitated testator - Byrne v Rogers and another; Estate of Jeffrey Norman Rogers [2013] NSW SC 511

Transport Update - WH&S law throws doubt on indemnity - 06 Aug 2013

A recent decision in South Australia has created uncertainty as to whether insurance policies that indemnify directors to allow the avoidance of personally paying fines for workplace health and safety law breaches will be effective under the new WHS law. Maria Capati, Senior Associate and Ryan Ainscough, Lawyer discuss.

Competition & Consumer News - 31 Jul 2013

Welcome to the July edition of Piper Alderman’s Competition and Consumer News, which looks at the latest information and developments in competition law and consumer law.

In the July 2013 edition:

  • Beware unfair contract terms - consumers (with the help of the ACCC) bite back
  • Hire car company comes off second best in collision with ACCC
  • Specsavers loses eye case – Luxottica glasses raised once again

Trade & Transport Alert - 30 Jul 2013

The recent Australian Federal Court decision of Yu v STX Pan Ocean Co Ltd (South Korea) in the matter of STX Pan Ocean Co Ltd (receivers appointed in South Korea) [2013] FCA 680 has the effect of allowing the arrest of a ship in Australia, despite the operation of the Cross Border Insolvency Act 2008 (Cth) which incorporates the United Nations Model Law on cross border insolvency into Australian law. Partner, Frazer Hunt and Senior Associate, Maurice Lynch discuss the decision.

Competition & Consumer Alert - ACCC swoops in on Scoopon - 10 Jul 2013

Australia’s largest group-buying website, Scoopon, will defend itself in the Federal court later this month, with the Australian Competition and Consumer Commission having accused Scoopon of engaging in misleading and deceptive conduct.

Competition & Consumer Alert - HP invents a novel way to get penalised $3 million - 09 Jul 2013

Hewlett-Packard Australia was penalised $3m by the Federal Court and ordered to pay the ACCC’s costs in the amount of $200,000.

Piper Alderman e-Bulletin - 01 Jul 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin with accessible and informative summaries of recent legal developments.

In the July 2013 edition:

  • Problem gambler rolls the unconscionability dice in the High Court - Partner, Anne Freeman and Lawyer, Louise Cooper
  • Is that the best you can do? - Senior Associates, Bill Fragos and Juniper Watson
  • Fast money – ASX to accelerate rights issues - Partner, Craig Yeung, and Lawyers, Jarrod Wilksch and John Beilby
  • A Bill to refine public governance, performance & accountability - Associate, Cheryl Nemeth and Law Clerk, Philip Chow

Competition & Consumer News - 30 Jun 2013

Welcome to the latest edition of Competition and Consumer News, which looks at the latest information and developments in competition law and consumer law.

In the June 2013 edition:

  • Keepin' it real. Domain dispute gets ugly
  • ACCC scrutiny of food product claims on the rise with Coles bread claim
  • Super -Supermarkets
  • Problem gambler rolls the unconscionability dice in the High Court
  • Apple price fixing trial - a warning for Australian distributors

Wills Watch - 05 Jun 2013

Welcome to the latest edition of Piper Alderman's Wills Watch, looking at recent developments in succession law and estate planning.

In the June 2013 edition:

  • The drama of Sir Peter Ustinov's Will: The Australian position
  • Conflict between executors and the role of an independent executor - Jurkiewicz v Jurkiewicz and the Public Trustee for the ACT [2013] ACTSC 8
  • South Australian legislative Update - Advance Care Directives Act 2013
  • Death of a trustee - Ballenden v Bryant (No 1) [2012] NSWSC 1471
  • The odd story of the Will that never was - Byrne v Rogers and another; Estate of Jeffrey Norman Rogers [2013] NSW SC 511

Piper Alderman e-Bulletin - 01 Jun 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin with accessible and informative summaries of recent legal developments.

In the June 2013 edition:

  • ACCC landmark decision: Disqualification under the ACL - Mitchell Coidan, Senior Associate
  • Fashion faux pas: Kym Ellery's lesson in exclusive supply agreements with Myer - Penny Chalke, Associate and Elle Nikou, Lawyer
  • Structuring a sale or acquisition of a business - assets or shares? - James Dickson, Partner, Jen Tan, Associate and John Beilby, Lawyer
  • Foreign qualified legal practitioners can breathe a sigh of relief - Mitchell Coidan, Senior Associate and Lishien Ng, Law Clerk
  • Shape Trade Mark? Tic Tac, No - Cheryl Nemeth, Associate and  Philip Chow, Law Clerk

Competition & Consumer News - 24 May 2013

Welcome to the May edition of Piper Alderman’s Competition and Consumer News, which looks at the latest information and developments in competition law and consumer law.

In the May 2013 edition:

  • Drill, baby, drill! A lesson in deals and grinding mills
  • ACCC infringement notices – Pay heed to the guidelines
  • Authorisation Guidelines up for review
  • ACCC unleashes the dogs in its first unfair contract terms prosecution
  • More woes for energy door-to-door salespeople

Resources Update - Special Edition: APPEA 2013 - 24 May 2013

Welcome to the latest edition of Piper Alderman's Resources Update - APPEA Edition, the publication designed to keep you up to date with legal developments in the energy and resources sector in Australia.
 
In the May 2013 edition:

  • Changes to ASX rules for reporting of reserves, resources and exploration results
  • Court to hold native title payments
  • Insurance issues in drilling contracts
  • Busting a blockade in New South Wales
  • Importing drilling rigs into Australia
  • Government proposes amendments to ease retail corporate bond fundraising regime

Building & Construction News - 01 May 2013

Welcome to the latest edition of Piper Alderman's Building & Construction News, looking at some of the significant legal developments in the building and construction industry.

In the May 2013 edition:

  • High Court decision widens application of proportionate liability legislation

Competition & Consumer News - Digital watch? Time's up on misleading behaviour online - 19 Apr 2013

So you know that lots of people are online, tweeting, blogging and vlogging hoping to go viral. You've been told that your business should launch a social media campaign in order to capture the attention of Generation Z and hipsters who are anti-social socially but uber-social social media-ly. And as you scratch your head when you hear words and phrases including "totes amazeballs", "cray" and "awesomesauce", and you're not quite sure of the correct pronunciation of "meme" you hesitate whether advertising online and having online profiles is for you.

Wills Watch - 09 Apr 2013

Welcome to the latest edition of Piper Alderman's Will Watch, looking at current success law and estate administration issues

In the April 2013 edition:

  • International Wills - update on the amendments to Wills Acts across Australia
  • Fractious families - Estate of O'Loughlin [2013] SASC 20
  • Statutory Wills - The Court's power to amend Wills - Matsis; Charalambous v Charalambous & Ors [2012] QSC 349
  • "Attorneys for executors" - Who can act if an executor is unable to? - Keith Dudley (Deceased) [2013] SASC 22
  • Interpretation and rectification of a will - McPherson v Byrne & Ors [2012] QSC 394

Building & Construction News - 01 Apr 2013

Welcome to the latest edition of Piper Alderman's Building & Construction News, looking at some of the significant legal developments in the building and construction industry.

In the April 2013 edition:

  • Quantum meruit in a round about way: The importance of request and reliance
  • Australian International Arbitration Act upheld as constitutionally valid
  • Snap shot of recent Security of Payment decisions
  • Following the right steps: negotiating your way through a dispute resolution clause

Piper Alderman e-Bulletin - 01 Apr 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin with accessible and informative summaries of recent legal developments.
 
In the April 2013 edition:

  • ACCC releases Compliance and Enforcement Policy for 2013 - Partner, Frank Lancione and Lawyer, Louise Cooper 
  • Government decides insurance contracts should be subject to the unfair contracts regime – Partner, Anne Freeman 
  • Dividend rules to change...again – Partner, Simon Champion and Associate, Paul Henry 
  • Australian High Court confirms international arbitration law is constitutional – Partner, Andrew Robertson
  • No refund for vendor's GST "Windfall" – Partner, Kerri McElwaine and Law Graduate, Ryan Ainscough 
  • Common sense prevails in proportionate liability decisions – Partner, Anne Freeman 

Competition & Consumer News - 01 Apr 2013

Welcome to the April edition of Piper Alderman’s Competition and Consumer News, which looks at the latest information and developments in competition law and consumer law.

In the April 2013 edition:

  • ACCC's Google fail: No result for ACCC's Google search
  • ACCC releases unfair contract terms report - next stop enforcement, so watch out!
  • Unconscionable conduct in a vacuum? Federal Court to shed light on Lux's conduct
  • Knock at your peril

Competition & Consumer News - 01 Mar 2013

Welcome to Piper Alderman’s new bulletin looking at competition and consumer law. In this bulletin we seek to inform on developments in these areas of law and trade practices generally.

In the March 2013 edition:

  • ACCC proactive in enforcing guarantees
  • Prices too good to be true! Multiple, misleading and component pricing
  • ACCC announces its priorities of 2013
  • ACCC cartel crackdown
  • Trade in peace
  • Government decides insurance contracts should be subject to unfair contracts terms laws

Piper Alderman e-Bulletin - 28 Feb 2013

Welcome to the latest edition of Piper Alderman's e-Bulletin with accessible and informative summaries of recent legal developments.
 
In the February 2013 edition:

  • Holding ratings agencies to account - Amanda Banton, Partner and Denee Theodorou, Lawyer
  • Fuel tax system - is you business eligible for the carbon price opt-in scheme for its fuel emissions? – Ashley Watson, Partner, Kelly Scott, Senior Associate and Philippa Ward, Law Clerk
  • Governance standards for the not-for-profit sector – George Raitt, Partner and Ivor Kovacic, Lawyer
  • Government proposes amendments to ease retail corporate bond fundraising regime – Craig Yeung, Partner and Jarrod Wilksch, Lawyer
  • Think before you type - liability for comments on social media – Cheryl Nemeth, Associate and Elle Nikou, Lawyer
  • Buyer beware - Body corporate resolution ineffective to secure car parks – Kerri McElwaine, Partner and Ryan Ainscough, Graduate

Wills Watch - 04 Feb 2013

Welcome to the February edition of Piper Alderman's Wills Watch

In the February 2013 edition:

  • Uncertain beneficiaries - Application of Sachs [2012] NSWSC 1410
  • Role of executors - Farlow v Fincher, Estate of Fincher [2012] NSWSC 1515
  • Claims of parents - Boseley v Stowe [2012] WASC 329
  • High Court thwarts step-daughter - Stanford v Stanford [2012] HCA 52

Mining Licenses - impact on mortgagors and mortgagees - 21 Dec 2012

Special Counsel, Jacquie Browning offers a brief insight into the impact of mining licenses upon not only landowners as mortgagors but also upon financiers as mortgagees and offers some suggestions to ensure that all parties are not disadvantaged or adversely affected by such licenses. The relevance of the Personal Property Securities Act is also considered.

Resources Update - 20 Dec 2012

Welcome to the latest edition of Piper Alderman's Resources Update, the publication is designed to keep you on top of legal developments that affect the energy and resources sector in Australia.
 
In the December 2012 edition:

  • Water for mining
  • Announcements to the market: Misleading or Deceptive Conduct
  • Changes to Queensland legislation
  • Changes to petroleum legislation in SA
  • Queensland Government planning reforms to boost construction
  • Amendments re royalty payments in Queensland
  • Recent initiatives in NSW
  • Clarity on obligations of parties involved in negotiating native title agreements for the grant of mining and petroleum tenements
  • Intellectual property in the resources industry

Wills Watch - 03 Dec 2012

In the December 2012 edition:

  • A question of construction - Hutchinson & Anor v Bank of Scotland Plc [2012] QSC 28.
  • Responsibilities of professional executors - Chick v Grosfeld [2012] NSWSC 1166.
  • Early access to trust funds - Krstic v State Trustees Ltd [2012] VSC 344.
  • Certainty is everything - Estate of Chomiak [2012] SASC 27.
  • More complications from home made wills - Estate of HalasHalas v NSW Trustee and Guardian [2012] NSWSC 1107.
  • International Wills update

Building & Construction News - 01 Dec 2012

Welcome to the latest edition of Piper Alderman's Building & Construction News, looking at legal issues effecting the construction sector.

In the December 2012 edition.

  • Damages for delay and disruption 
  • OHS Harmonisation and construction industry
  • Security of Payment - No right to withhold payment of account of liquidated damages
  • Plaintiff beware - Victorian Country decision departs from recent trend extending the limitation period for contractual building claims
  • News Update - South Australia's Security of Payment Act 

Piper Alderman e-Bulletin - 01 Dec 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin with accessible and informative summaries of recent legal developments.
 
In the December 2012 edition:

  • The James Hardie appeals on penalty - the lessons keep a coming - Partner, Anne Freeman and Law Clerk, Lishien Ng 
  • Mining licenses - Impact on mortgagors and mortgagees – Special Counsel, Jacquie Browning 
  • Australian Charities and Not-for-Profit Commission – Associate, Penny Chalke 
  • Prospective retail landlords beware - Consider representations cautiously – Lawyer, Jordan Smith

Farm Debt Mediation - 14 Nov 2012

On 1 December 2011 the Farm Debt Mediation Act 2011 (VIC) commenced operation. Under the Act, a farm debt mediation scheme is implemented which makes it compulsory for banks and other creditors to offer mediation to farmers before commencing debt recovery proceedings against the farmer on mortgages. Special Counsel, Jacqueline Browning discusses the scheme, which is about to mark its first anniversary of operation.

Piper Alderman e-Bulletin - 01 Nov 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin with accessible and informative summaries of recent legal developments.

In the November 2012 edition:

  • ASX updates guidance on continuous disclosure obligations - Craig Yeung and Lawyer, Jarrod Wilksch
  • Changes to State First Home Owner Grant Schemes - Associate, Lisa Nguyen and Lawyer, Chanelle Caretti
  • Valuers beware - Special Counsel, Jacqueline Browning
    Farm Debt Mediation - Special Counsel, Jacqueline Browning
  • Private Ancillary Funds - Special Counsel, Rod Foster Jones 
  • When is a counter-punch acceptable? - Senior Associate, Mitchell Coidan

Piper Alderman e-Bulletin - 01 Oct 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

In the October 2012 edition:

  • High Court rules on penalties- Quintin Rares, Graduate
    Personal Property Securities Act - Secured creditors take note – Bianca Battistella, Associate
  • The importance of being earnest - the enforceability of agreements made at mediations – Anne Freeman, Partner
  • What's in a name? New procedures for transferring business names – Ivor Kovacic, Lawyer
  • Practical options for releasing security interests on th PPSR – Jacqueline Browning, Special Counsel and Parag Manihar, Graduate
  • Australian Law Reform Commission issues paper on 'Copyright and the Digital Economy'– Tim O'Callaghan, Partner and Louuse Cooper, Lawyer
  • Project home builder fined for misleading and deceptive conduct – Nick Prove, Partner and Jordan Smith, Lawyer

Wills Watch - 28 Sep 2012

Welcome to the September edition of Piper Alderman's Wills Watch, looking at recent developments in succession law and estate planning issues.

In the September 2012 edition:

  • International wills - As the Australian States move to accede to the Convention providing a Uniform Law on the Form of an International Will (Washington D.C 1973), the Wills Watch team looks at what this will mean in Australia.
  • All in the family - Lessons from the Estate of David Loy (Deceased) [2012] SASC 140
  • Witnessing requirements: When there's a will there's a way - Lessons from the will of Andrew Charles Pearce [2012] QSC 199
  • Court again asked to interpret "DIY will" - Lessons from Kean v Murphy [2012] NSWSC 948.
  • Reviewing your will while you can - Lessons from Hausfeld v Hausfeld & Anor [2012] NSWSC 989
  • Lost in translation - Lessons from Coppola & Anor v Nobile & Anor (No.2) [ 2012] SASC 129

Piper Alderman e-Bulletin - 01 Sep 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the September 2012 edition:

  • Reformed Zones for Victoria - A fast track to Renewed Urban Growth - Law Graduate, Wayne Harrison
  • ASIC releases updated policy guidance on administrative action against financial services providers - Partner, Craig Yeung and Lawyer, Jarrod Wilksch
  • 'No Show' a 'No Go' for Flo Rida - Senior Associate, Mitch Coidan
  • Federal Court finds Winnebago brand was "hijacked" by Australian company thirty years ago - Partner, Tim Clark and Law Clerk, Jennifer McGarvie

Legal Rx - 01 Sep 2012

Welcome to the latest edition of Piper Alderman's Health and Life Sciences Update, Legal Rx.

In the September 2012 edition:

  • How logical is the regulation of Biologicals?
  • The Raising the Bar Act - Improving Australia's Intellectual Property Regime
  • Managing your risks under global anti-corruption regimes
  • Workplace bullying - what employers need to know

Piper Alderman e-Bulletin - 01 Aug 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the August 2012 edition:


  • The importance of determining the relevant jurisdictions governing deeds of access, indemnity and insurance - Partner, James Dickson, Associate, Jen Tan and Lawyer, Emily Brown
  • Director penalties - personal liability for superannuation and PAYG liabilities – Partner, Simon Champion and Associate, Paul Henry
  • ASX amends Listing Rules to help mid to small caps raise capital – Partner, Craig Yeung and Lawyer, Jarrod Wilksch Priority of
  • Mortgagee interests: unfair leapfrogging or legitimate jumping? – Partner, Nick Prove and Lawyer, Jordan Smith

Hospitality, Tourism and Gaming: Transfers of interests in partnerships - 01 Aug 2012

Transfers of interests in partnerships can have many unseen pitfalls especially for businesses as complex as hotels, motels, restaurants, wineries and other licensed premises. Expert legal advice can help you avoid problems and Piper Alderman's team can help navigate through each step of the transaction.

Wills Watch - 31 Jul 2012

Welcome to the first edition of Piper Alderman's Wills Watch, looking at recent developments in succession law and estate planning issues.

In the July 2012 edition:

  • Home made wills - a matter of trust - O'Brian & Anor v Smith & Anor [2012] QSC 166
  • Disputing a will - time is of the essence - Vogdanas v Kriaris [2012] VSC 248
  • "Your" best interests - attorneys and wills - NSW Trustee and Guardian v Bensley [2012] NSWSC 655
  • Undue influence - avoiding a family feud - Hall v Carney & Ors [2012] SASCFC76
  • Brothers at arms - a case for joint executors - Davis v Davis [2012] NSWSC 523

Australian Law Update - 01 Jul 2012

Welcome to the latest edition of Piper Alderman's Australian Law Update, keeping you up to date with legal developments that may affect overseas companies who do business in Australia.

Highlights of the July 2012 edition:

  • Lessons for in-house counsel from the Shafron experience
  • The Leagues strike back
  • Carbon Price implications - is your business Carbon Price ready?
  • Removing internationally and nationally protected intellectual property rights
  • Federal Government to review Australian contract law
  • Continuous disclosure obligations - a timely reminder

Piper Alderman e-Bulletin - 01 Jul 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the July 2012 edition:

  • Cloud computing - smooth sailing, or uncharted waters? - Senior Associate, Bill Fragos and Lawyer, Nicola Caon
  • Contracts and subcontracts - getting it right - Lawyer, Nicola Caon
  • Understanding the licensing requirements for emissions units - Partner, Craig Yeung and Lawyer, Jarrod Wilksch
  • The new Baker's Dozen - Australian Privacy Principles - Partner, Tim Clark and Associate, Cheryl Nemeth
  • When are employers responsible for the actions of their employees? - Lawyer, Daniel Coloe and Law Clerk, Jennifer McGarvie

Personal Property Securities Act 2009 - practical tips for Agribusiness - 07 Jun 2012

Special Counsel, Jacquie Browning considers the application of personal property securities reform to the Agribusiness sector and offers some practical tips on the operation of the Personal Property Securities Act.

Piper Alderman e-Bulletin - 01 Jun 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the June 2012 edition:

  • Personal Property Securities Act 2009 - practical tips for Agribusiness - Special Counsel, Jacquie Browning
  • Lessons for in-house counsel from the Shafron experience - Partner, Anne Freeman and Law Graduate, Wayne Harrison
  • The Leagues strike back - Partner, Tim Clark and Lawyer, Ivor Kovacic
  • No protectionism in gambling's free trade - Lawyer, Daniel Coloe
  • Not-for-Profit reform: change in the wind - Partner Tom Griffith

Resources Update - APPEA Special Edition - 01 May 2012

Welcome to the latest edition of Piper Alderman's Australian Resources Update, designed to keep you up to date with the latest legal developments effecting the sector.

In the May 2012 edition:

  • Understanding the opposition to onshore gas development
  • ASX pushes for prescriptive approach to resource companies' disclosure obligations
  • ASIC spotlight on corporate disclosure
  • Carbon Price implications: Is your business Carbon Price ready?
  • Queensland's recent legislation sets new hurdles for resources projects
  • Resources roundup

Resources Alert - James Hardie High Court Appeals: Implications for Company Secretaries and General Counsel - 01 May 2012

Senior Associate, Simone Selkirk considers the implications of the Shafron v ASIC [2010] HCA 18 High Court decision handed down on 3 May 2012 as it effects Company Secretaries and General Counsel. In particular reviewing the hazards of a blended role of General Counsel and Company Secretary and indivisibility of role capacities when discharging officer duties. This article identifies the key issues of awareness for Company Secretaries and General Counsel in managing their duties as officers and distinguishing their capacities in their dual role.

Trade & Transport News - 01 May 2012

Welcome to the latest edition of Piper Alderman's Trade & Transport News, with up to date news on legal and regulatory issues affecting the sector, as well as the impact of recent case law from around the globe.

In the May 2012 edition:

  • A timely warning to time charterers - bunkers
  • The warranties in your marine insurance policy may no longer matter
  • SOPA - A new weapon in your armoury to force contractors to pay their bills
  • The hidden cost of the proportionate liability regime
  • Immunity of foreign state-owned enterprises in Australia

Piper Alderman e-Bulletin - 01 May 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the May 2012 edition:

  • ASX consults on greater flexibility for capital raising for mid to small caps - Partner, Craig Yeung and Lawyer, Jarrod Wilksch
  • Changes to the Corporations Act pending - Partner, Craig Yeung and Lawyer, Jarrod Wilksch
  • ACCC pursues Apple over iPad 4G claims - Partner, Tom Griffith
  • Con or "mere conduit?" Lessons from ACCC v Google Inc - Senior Associate, Ben Hartley and Lawyer, Ashlee Briffa
  • Movie studios fail in appeal against Internet Service Providers - Partner, Tim Clark and Lawyer, Ivor Kovacic
  • Carbon Price Implications: Is your business Carbon Price ready? - Partner, Ashley Watson and Lawyer, Kelly Scott

Piper Alderman e-Bulletin - 01 Apr 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the April 2012 edition:

  • Continuous disclosure obligations - a timely reminder - Partner, James Dickson and Lawyer, Jen Tan
  • Amendments to the Protection of the Environment Operations Act 1997 (NSW) - Senior Associate, Mitch Coidan
  • Federal Government to review Australian contract law - Partner, Anne Freeman
  • Personal liability for corporate fault - Partner, Frank Lancione and Lawyer, Loise Cooper
  • Crack down on price signalling and information disclosure - Senior Associate, Bill Fragos and Lawyer, Nicola Caon
  • Optus claims foul play - Partner, Tim Clark and Lawyer, Ivor Kovacic

ASIC releases new disclosure guidance for agribusiness managed investment schemes - 13 Mar 2012

ASIC has released a new regulatory guide with new disclosure benchmarks and principles for agribusiness managed investment schemes to assist retail investors to make informed investment decisions on these products. Partner, Craig Yeung and Lawyer, Jarrod Wilksch examine the new regulatory guide.

Piper Alderman e-Bulletin - 01 Mar 2012

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the March 2012 edition:

  • Buyers fail in termination of $5.5m Gold Coast Penthouse Contract - Senior Associate, Nick Prove and Lawyer, Jordan Smith
  • Should unfair contract terms laws apply to insurance contracts? - Partner, Anne Freeman
  • Warranties against defect: Are you compliant? - Partner, Anne Freeman
  • APS release social media guidelines - Partner, Tom Griffith
  • ASIC releases the new disclosure guidance for agribusiness managed investment schemes - Partner, Craig Yeung and Lawyer, Jarrod Wilksch
  • Optus wins first round against football codes - Partner, Tim Clark and Lawyer, Ivor Kovacic

Australian Law Update - 01 Dec 2011

Welcome to the latest edition of Piper Alderman's Australian Law Update, keeping you up to date with legal developments that may affect overseas companies who do business in Australia.

In the December 2011 edition:

  • Australia’s foreign bribery laws: First charges laid
  • The Personal Property Securities Act – scheduled to launch 30 January 2012
  • The Timbercorp Securities Ltd (in liq) class action
  • Employee’s redundancy imposes barrier to enforcement of non-competition restraint
  • Standard of arbitral reasons in Australian domestic arbitrations – Westport Insurance Commission v Gordian Runoff Ltd

Piper Alderman e-Bulletin - 01 Dec 2011

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the December 2011 edition:

  • The Timbercorp Securities Ltd (in liq) class action
  • The Personal Property Securities Act - scheduled to launch 30 January 2012
  • ASIC releases new rules for prospectus disclosure
  • Australian Business Number Business Name Registration Project

Health & Life Sciences Update - Legal Rx - 01 Nov 2011

Welcome to the latest edition of Piper Alderman's Health & Life Sciences Update, Legal Rx.

In the November 2011 edition:

  • Full Federal Court upholds Merck's appeal in the VIOXX Representative Proceeding
  • Pharmaceutical company involvement in patient support programs - is it above board?
  • SPECIAL FEATURE - Social Media's place in the Pharmaceutical Industry
  • Did you know... 
 

Piper Alderman e-Bulletin - 01 Nov 2011

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the November 2011 edition:

  • ASX seeks comments on proposed changes to mining, oil and gas exploration and production company reporting and disclosure requirements
  • Destruction of documents: footy 'cougar' found to have destroyed mobile phones
  • Banks 'wipeout' over forged loan documents by former surfwear CEO

Trade & Transport Alert - 01 Oct 2011

Welcome to the latest edition of Piper Alderman's Trade & Transport Alert

Highlights of the October 2011 alert:

  • When possession is no longer nine-tenths of the law - how to protect your property interests and survive under the new PPS regime

Agribusiness roundup - 07 Sep 2011

Partner, Simon Venus looks at current issues affecting the Australian agribusiness sector.

Piper Alderman e-Bulletin - 01 Sep 2011

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the September 2011 edition:

  • ASIC releases draft regulatory guidelines on advertising financial products and advice services
  • ACCC V Metcash Trading Limited - ACCC appeals but the deal goes on OH&S harmonisation update
  • Australia and New Zealand to increase foreign investment screening thresholds

Australian Law Update - 01 Aug 2011

Welcome to the latest edition of Piper Alderman's Australian Law Update, keeing you up to date with legal developments that may affect overseas companies who do business in Australia.

In the August 2011 edition: 

  • Australia and New Zealand to increase foreign investment screening thresholds
  • Agribusiness roundup 
  • Twitter, suppression and the Courts 
  • Centro and its lessons for directors 
  • Indemnity clauses in commercial contracts: How to achieve desired contractual risk allocation
  • Andrew Robertson is appointed to Asian arbitral bodies

Piper Alderman e-Bulletin - 01 Aug 2011

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the August 2011 edition:

  • Client Legal Privilege and the Dominant Purpose Test: Lessons from Black Saturday
  • Reasonable commercial endeavours?
  • Immunity of Expert Witnesses from negligence abolished in the United Kingdom
  • Beware the Conduct of Your Agents - Avis & Anor v Mark Bain Constructions Pty Ltd
  • A facelift for Australia's credit cards laws
  • Copyright in works generated by computer programs

Legal Rx Alert - 01 Jul 2011

Welcome to this special Legal Rx Alert.

Government administration of the Pharmaceutical Benefits Scheme has come under significant public scrutiny, highlighting the lack of transparency in the overall process. Dr Teresa Schafer discusses some of the key issue that this raises for the pharmaceutical sector in Australia

Resources Alert - Carbon Price framework announced: Implications for Resources Companies - 01 Jul 2011

On 10 July 2011, the Federal Government announced the framework for its Carbon Price scheme. Subject to the legislation passing the scheme is proposed to commence on 1 July 2012 with an initial Carbon Price set at A$23 per tonne of carbon dioxide equivalent. Senior Associate, Simone Selkirk and Consultant, Dr Roland M Ryser consider the practical implications of the Carbon Price for the Resources Sector.

Piper Alderman e-Bulletin - 01 Jul 2011

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the July 2011 edition:

  • Centro and the lessons for directors
  • The future of financial advice: the devil will (probably) be in the detail
  • Twitter, suppression and the Courts
  • Carbon Price framework announced: Implications for Resources Companies

Health and Life Sciences Update - Legal Rx - 01 Jun 2011

Welcome to the latest edition of Piper Alderman's Health and Life Sciences update, Legal Rx.

In the June 2011 edition:

  • The patentability of biological material - Summary of public submissions to Senate inquiry
  • Regulation and PBS pricing of biosimilar drugs
  • What information can be submitted in applications for review of decisions by the Therapeutic Goods Administration?
  • Operation of the data exclusivity regime in Australia
  • Snapshots
 

Resources Update - 01 Jun 2011

In the June 2011 edition:

  • Shale Gas to be the next big thing in WA
    Corporate disclosure and directors' and officers' duties
  • The outcomes from the Montara and Macondo oil spill incidents
  • Indemnity clauses in commercial contracts: How to achieve desired contractual risk allocation
  • Queensland Land Access Code
  • Resources roundup

Piper Alderman e-Bulletin - 01 Jun 2011

Welcome to the latest edition of Piper Alderman's e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the June 2011 edition:

  • There's no 10 in '11 for Warburton
  • Client Legal Privilege - Still a hot area of dispute
  • Breaking the chain with Third Party Damage
  • Floods of complaints prompt disaster insurance policy inquiry
  • Taking protected action where an employer refuses to bargain

Tax Alert - 01 Jun 2011

Welcome to the latest edition of Piper Alderman's Tax Alert

  • Changes announced to not-for-profit tax concessions

Update on Senate inquiry into foreign investment in Australian farmland - 17 May 2011

Partner, Simon Venus, looks at the Senate inquiry into the proposed amendments to the Foreign Acquisitions and Takeovers Act which would, if passed, see significant changes to the notification and disclosure requirements for foreign acquisitions of Australian agricultural land.

Australian Law Update - 01 May 2011

Welcome to the latest edition of Piper Alderman's Australian Law Update, keeing you up to date with legal developments that may affect overseas companies who do business in Australia.

In the May 2011 edition:

  • The new Australian Consumer Law
  • Update on Senate inquiry into foreign investment in Australian farmland
  • Incoterms 2010® – What do I need to know?
  • The public debate about the patentability of biological material: Is it much ado about nothing? 

PA e-Bulletin - 01 May 2011

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the May 2011 edition:

  • Privilege bewteen entities within corporate groups
  • Taxation of trust income 'post Bamford': Important legislative changes impending
  • "Without prejudice" privilege - Can false and misleading representations made during mediation negotiations be admissible in evidence?
  • ASIC reveals plans to improve prospectus disclosure for retail investors companies
  • Commercial negotiations: mapping the terrain and protecting yourself

Tax Alert - 01 May 2011

Welcome to the latest edition of Piper Alderman's Tax Alert

  • Taxation of trust income 'post Bamford': Important legislative changes impending

PA e-Bulletin - 01 Apr 2011

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the April 2011 edition:

  • iiNet wins the copyright battle again, but have internet service providers won the war?
  • New landlord disclosure for retail shop leases
  • More power for shareholders: The clawback of executive remuneration
  • Queensland snapshot: Changes to ratchet rent and compensation provisions
  • ASX seeks comments on rule changes for SME, Mid-Cap and Micro-Cap companies
  • Do you hold rights to stop counterfeit goods?
  • Australian Consumer Law - Lessons from across the Tasman

Trade & Transport News - 01 Mar 2011

Highlights of the March 2011 edition: 
  • "Do I need "tail end risk" insurance to cover my goods from the port to final destination in the transit?"
  • The new Australian Consumer Law
  • A warning to sellers
  • Incoterms 2012® - What do I need to know?
  • No clause without effect
  • Choose you jurisdiction carefully

PA e-Bulletin - 01 Mar 2011

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the March 2011 edition:

  • ASIC v Fortescue Metals Grounp Ltd: A timely warning about corporate disclosure and misleading conduct
  • Improving accountability: Draft legislation to give shareholders unprecedented power over the remuneration of company executives
  • The Personal Property Securities Act - a slight delay before takeoff
  • 400 George Street (Qld) Pty Ltd v BG International Ltd: When id a deed a deed?
  • What is in a name? Unconscionability by silence
  • Directors beware: Increased penalties under new OH&S laws

Health and Life Sciences Update - Legal Rx - 01 Feb 2011

Welcome to the latest edition of Piper Alderman's Health and Life Sciences Update, Legal Rx.

In the February 2011 edition:

  • The public debate about the patentability of biological material - Is it much ado about nothing?
  • Matters to consider when raising capital
  • The ongoing confusion about the concept of interchangeability
  • Responding to a hostile takeover bid
 

Australian Law Update - 01 Dec 2010

 Welcome to the latest edition of Piper Alderman's Australian Law Update, keeing you up to date with legal developments that may affect overseas companies who do business in Australia.

In the December 2010 edition:  

  • Foreign investment in Australian farm land: domestic scrutiny is on the horizon
  • Australian European Community Agreement on Trade in Wine
  • Non-Resident – No Formal Trust Deed – Liable for Income Tax as a Trustee
  • Class Action Reforms – Wooing Classes to the NSW Supreme Court? 

PA e-Bulletin - 01 Dec 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the December 2010 edition:

  • Consumer guarantees under the ACL - some key changes
  • Company administrators, be warned: Seeking review of capped remuneration
  • Record $14 million penalty for misuse of market power: ACCC v Cabcharge

Foreign investment in Australian farm land: domestic scrutiny is on the horizon - 01 Dec 2010

Partner and head of Piper Alderman's Agribusiness Practice Group, Simon Venus, considers the flow of foreign capital into Australian farm land and agribusinesses and foreshadowed changes to the Foreign Acquisitions and Takeovers Act 1975.

Australian European Community Agreement on trade in wine - 30 Nov 2010

Australian wine producers are set to benefit from improved access to Australia's largest wine export market, Europe, with the Australian Wine and Brandy Corporation Amendment Act 2010 having commenced full operation on 1 September 2010. Corporate Lawyer, Bianca Battistella examines the reforms.

PA e-Bulletin - 01 Nov 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the November 2010 edition:


  • Class Action Reforms - Wooing Classes to the NSW Court?
  • The Social Network and Work - what employers should do when these worlds collide
  • Exclusion of Liability - High Court Clarifies Efficacy Clauses
  • The Nationsl Insolvent Trading Program Report

PA e-Bulletin - 01 Oct 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the October 2010 edition:

  • In-house counsel legal professional privilege - beware the multiple purpose communication
  • High Court Octaviar ruling - variation to the terms of a charge
  • Energy and resource licences and the Personal Property Securities Act
  • Reversal of fortune - Rosenburg and ASIC

Australian Law Update - 01 Sep 2010

Welcome to the latest edition of Piper Alderman's Australian Law Update, keeing you up to date with legal developments that may affect overseas companies who do business in Australia.

In the September 2010 edition:

  • Dividends - beware the new changes
  • Australia seeks to promote itself as a player in arbitration
  • Insolvent trading - ASIC releases regulatory guide for directors
  • Preparing for hostile takeover

PA e-Bulletin - 01 Sep 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the September 2010 edition:

  • Australian European Community Agreement on Trade in Wine
  • Banks' rights of set-off under the Personal Property Securities Act
  • Overbearing wife is no grounds for dismissal
  • Insolvent Trading - ASIC Releases Regulatory Guide for Directors
  • The Possibilities of Pt X Deeds of Arrangements: CGU Insurance v One. Tel Ltd

Mining Kryptonite - the tax that is no longer super - 26 Aug 2010

On 2 July 2010, the Australian Government announced that the proposed Resource Super Profits Tax will be replaced by a new resource rent tax arrangement - the Minerals Resource Rent Tax. Cutting through the media hype, Corporate Associate, Aaron Chan, and Lawyer, Paul Henry, discuss what this means and what can be expected to follow.

Employers must understand the new award system - 25 Aug 2010

David Ey examines the new award system and how this affects agribusiness employers.

PA e-Bulletin - 01 Aug 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the August 2010 edition:

  • Mining kryptonite - the tax that is no longer super
  • Dividends - beware the new changes
  • Smooth moves
  • "Talk to my Lawyer at QCAT"
  • The High Court's last word in Osland v Secretary to the Department of Justice
  • Update: Building Energy Efficiency Disclosure

PA e-Bulletin - 01 Jul 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the July 2010 edition:

  • Law reform in Victoria: making lawyers more accountable
  • The impact of the Personal Property Securities Act's enforcement provisions on secured parties
  • Litigation for groups in liquidation prompts Share Register
  • Regulations reforms
  • High Court returns serve in White City Tennis Club constructive trust case
  • Loss of a chance: Gett v Tabet

PA e-Bulletin - 01 Jun 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the June 2010 edition:

  • The impact of the Personal Property Securities Act on leasing or hiring equipment
  • Increase gender diversity on boards? If not, why not?
  • Building Energy Efficiency Disclosure Bill - how efficient are your premises?
  • Blackmagic in the Federal Court
  • Director bans - a time limit on ASIC's power to disqualify?
  • State and Federal Governments want Australia as a regional arbitral hub
  • Legislation tabled to reverse Sons of Gwalia

Consultation Paper 133 Agribusiness managed investment schemes - improving disclosure for retail investors - 25 May 2010

ASIC is currently seeking stakeholder feedback on Consultation Paper 133 Agribusiness managed investment schemes: improving disclosure for retail investors, issued on 8 April 2010. Corporate Associate, Aaron Chan examines the paper.

Arnold & Ors v Minister Administering the Water Management Act 2000 - still waters run deep - 18 May 2010

Corporate Associate Will Fennell considers the High Court's recent decision regarding the application of section 100 of the Commonwealth Constitution to the reduction of NSW bore water licence rights pursuant to the National Water Initiative.

Australian Law Update - 01 May 2010

Welcome to the latest edition of Piper Alderman's Australian Law Update, keeing you up to date with legal developments that may affect overseas companies who do business in Australia.

In the May 2010 edition:

  • Play fair! New rules for consumer contracts
  • Waging a war on two fronts fatal to claim
  • Foreign investment - accounting for the emergence of complex structures
  • Consequences of Australian climate policies on investment

PA e-Bulletin - 01 May 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the May 2010 edition:

  • The impact of the Personal Property Securities Act on retention of title suppliers
  • Play fair! New rules for consumer contracts
  • Payback for Bullies
  • A new era of disclosure for managed investment schemes
  • Consultation Paper 133 Agribusiness managed investment schemes - Improving disclosure for retail investors

Agricultural and non-forestry MIS - TD 2010/7-9 - 19 Apr 2010

PA e-Bulletin - 01 Apr 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the April 2010 edition:

  • Waging a war on two fronts fatal to claim
  • Third-party releases and deeds of company arrangement: Lehman Brothers v City of Swan
  • Sheraton Mirage: the Court confirms the ability to sell through subsequent charges
  • Admissibility, Dispute Resolution and the ACCC - without prejudice privilege
  • Arnold & Ors v Minister Administering the Water Management Act 2000 - still waters run deep
  • CSR demerger - aint so sweet

Tax Alert - 01 Apr 2010

Welcome to the latest edition of Piper Alderman's Tax Alert

  • GST and cross-boarder transport services

GM Canola update - 25 Mar 2010

Corporate Division lawyer and agribusiness group member, Bianca Battistella, reports on recent developments in the legislative regime surrounding genetically modified canola.

PA e-Bulletin - 01 Mar 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the March 2010 edition:

  • City of Swan v Lehman Brothers: Deed of Company Arrangements and Third Party Releases
  • Recent decision on Unconscionability in Retail Leasing - Lessors
  • Beware: you are bound by the actions of your agents
  • Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited: kookaburra gets the last laugh
  • Connor Hunter (A Firm) v KeenCrest Pty Ltd and Hurren: Latest on Ratchet Clauses
  • GM Canola Update

Tax Alert - 01 Mar 2010

Welcome to the latest edition of Piper Alderman's Tax Alert

  • High Court rules taxation of trusts: Bamford

Right to Farm Legislation passes the SA Legislative Council - 17 Feb 2010

Corporate Partner and Agribusiness Practice Group Head, Simon Venus, considers the Environment Protections (Right to Farm) Amendment Bill 2009 SA.

Horticulture Code of Conduct update - 04 Feb 2010

The Agribusiness Practice Group at Piper Alderman has been following the progress of proposed amendments to the Horticulture Code of Conduct, a mandatory industry code for the purpose of the Trade Practices Act. Partner, Simon Venus and Lawyer, Bianca Battistella report on the latest developments.

Australian Law Update - 01 Feb 2010

Welcome to the latest edition of Piper Alderman's Australian Law Update, keeing you up to date with legal developments that may affect overseas companies who do business in Australia.

In the February 2010 edition:

  • Modernisation of Australia's international commercial arbitration law
  • Personal Property Securities Act - implications for reservation of title suppliers and consignors
  • Class actions in Australia - a plaintiff's paradise?
  • Directors' duties - current perspectives

PA e-Bulletin - 01 Feb 2010

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the February 2010 edition:

  • Federal Government steps in to overturn Sons of Gwalia Ruling
  • Horticulture Code of Conduct Update
  • High Court Decisions re Personal Responsibility
  • Right to Farm Legislation passes the SA Legislative Council
  • Legal Professional Privilege and OHS

Construction Alert - 01 Dec 2009

Welcome to the latest Construction Alert which looks at the Personal Property Security Act (PPSA), recently passed by the Federal Parliament that will have a significant impact on the construction industry.

Piper Alderman will host a series of presentations for the construction industry in early 2010 in our offices across Australia on the relevance of the new regime. Invitations will be issued in January 2010.

PA e-Bulletin - 01 Nov 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the November 2009 edition:

  • Learning the hard way - lessons from the James Hardie case
  • Takeovers Panel rewrites its procedural rules
  • High Court decision on subrogation and a first mortgagee's obligations to guarantors
  • Latest work from the High Court on liability for injury to a sub-contractor's employees

PA e-Bulletin - 01 Oct 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the October 2009 edition:

  • Reforms proposed in Foreign Investments
  • Directors and their Adviser found liable in relation to Phoenix activity
  • Great Barrier Reef protection to be subject of new laws
  • Food and juice labelling laws get the squeeze

PA e-Bulletin - 01 Sep 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the September 2009 edition:

  • No priority for Commissioner Liquidation through the issue of Section 260-5 notices
  • APRA's Ban of Prominent Lawyer overturned
  • Restraints of Trade Mark Fight re Seahorse Chocolates
  • Summons for Public examinations have Extraterritorial effect

Tax Alert - 01 Sep 2009

Welcome to the latest edition of Piper Alderman's Tax Alert

  • Government tightens non-commercial loan rules - two new exemptions announced to benefit rural communities and small business operators

PA e-Bulletin - 01 Aug 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the August 2009 edition:

  • Towards a National Consumer Law
  • How to get a 'Sneak Peek'
  • Sons of Gwalia and the CAMAC report - implications for Shareholders and Creditors
  • A new Tribunal for better justice
  • A warning to directors and their legal representatives
    Interference with business

Tax Alert - 01 Aug 2009

Welcome to the latest edition of Piper Alderman's Tax Alert

  • Significant changes to New South Wales Land Rich Duty

PA e-Bulletin - 01 Jun 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the June 2009 edition:

  • Emissions Reporting - The need to consider your responsibility to report is urgent
  • Footballers' management expenses deductible
  • Horticultural Code of Conduct - what's the latest?
  • Damages for Loss of chance? Fat chance
  • Significant reforms proposed for the Freedom of Information Act
  • Creeping acquisitions - Patching up the loophole

PA e-Bulletin - 01 May 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the May 2009 edition:

  • Hardie civil proceedings turn up the heat on directors and officers
  • Reinstatement damages explored
  • Assessment of damages for breach of a franchise agreement
  • Signed letter upheld as binding agreement
  • Post-script to Osland v Secretary to Department of Justice
  • Limiting the scope of Litigation Privilege for Proofs of Evidence

Tax Alert - 01 May 2009

Welcome to the latest edition of Piper Alderman's Tax Alert

  • GST on in specie transfers of assets from discretionary trusts to beneficiaries

PA e-Bulletin - 01 Apr 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the April 2009 edition:

  • The Draft Carbon Pollution Reduction Scheme Bill
  • Challenging the Stimulas Package - Part 1
  • Fees changes under new environmental regulations
  • Miles v Genesys Wealth Advisors Ltd - latest on restraints of trade
  • Dodgy Car Salesman beware
  • GM liability - Greens say no need for negligence

Tax Alert - 01 Apr 2009

Welcome to the latest edition of Piper Alderman's Tax Alert

  • Property Industry GST Alert

PA e-Bulletin - 01 Mar 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the March 2009 edition:

  • Liquidator's Liability for GST - Deputy Commissioner of Taxation v PM Developments
  • Alternate remedies for employees wishing to enforce employment contracts post WorkChoices
  • The latest on confidential information
  • The do's and don'ts of Terms and Conditions in Road Transit

PA e-Bulletin - 01 Mar 2009

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the March 2009 edition:

  • Legislature follows the lead of the Courts in relation to client legal privilege
  • Queen Elizabeth Hospital v Curtis - can the onus of proof in negligence cases be reversed?
  • ASIC lifts ban on covered short selling for non-financial securities but extends ban for financial securities
  • Draft Gaming Machines (miscellaneous) Amendment Bill 2008
  • Mortgagee and receivers to think twice before selling
  • The only way is up? Not in Queensland retail leases - Ratchet clauses prohibited
  • Horticulture code and new Plant Protection Legislation

Trade & Transport News - 01 Dec 2008

Welcome to the latest edition of Piper Alderman's Trade & Transport News with up to date news on legal and regulatory issues affecting the sector, as well as the impact of recent case law from around the globe.

In the December 2008 edition:

  • Piracy - "They've got my cargo!"
  • Australian Trade Minister announces new 12 nation Free Trade Agreement
  • Case Note: Tai Shing Maritime CO SA V The Ship "Samson Veritas" as surrogate for the ship "Tai Hawk" [2008] FCA 1546 (16 October 2008)
  • Case Note: Mei Ying Su v Australian Fisheries Management Authority [2008] FCA 1485
  • Liens - is possession nine-tenths of the law?
  • Rail access agreement held to be a lease for NSW stamp duty purposes

PA e-Bulletin - 01 Dec 2008

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the December 2008 edition:

  • Removal of CGT Trust Cloning Exemption
  • Personal Property Securities Law Reform Update - Content for
  • Personal Properties Securities legislation released
  • ACCC v ANZ - round one to the bank
  • Lumbers v W Cook Builders - The High Court's latest word on restitution

PA e-Bulletin - 01 Nov 2008

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the November 2008 edition:

  • Short selling banned by Australian Securities and Investments Commission
  • A birdseye view of predatory pricing
  • Return to work: Protection for women on maternity leave
  • Hearn v Street - the implied undertaking regarding discovered documents

Construction & Infastructure News - 01 Oct 2008

Welcome to Construction & Infastructure News, looking at legal issues facing the building, construction and infrastructure sectors.

In the October 2008 edition.

  • Building cases - a new approach 
  • Excluding rights to resolve disputes
  • Partner profile - Greg Whyte

PA e-Bulletin - 01 Oct 2008

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the October 2008 edition:

  • New Wheat Regime up and running
  • Personal Property Securities law reform update
  • Disclosure deadline looming
  • Contribution between insurers in cases of double insurance
  • Franchising payment upheld

PA e-Bulletin - 01 Sep 2008

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the September 2008 edition:

  • Uncertain future for big emitters
  • Not "business as usual" for carbon marketing
  • Update of waiving privilege
  • Tour disqualification upheld
  • Does the purchase of software provide source code rights?

PA e-Bulletin - 01 Jun 2008

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the June 2008 edition

  • Wheat export single desk to get the sack
  • Have you got it in green?
  • Preserving originality
  • Access to the books

PA e-Bulletin - 01 May 2008

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the May 2008 edition

  • States go their separate ways on commercial GM canola production
  • Austrlian Competition and Consumer Commission (ACCC) update
  • Draft Merger Guidlines releases
  • Questions raised over the independence of In-House Counsel in claims for client legal privilege
  • The latest word on statutory demands
  • Pre-contractual disclosure obligations
  • The question of stay of proceedings where there is an arbitration agreement
  • Inspection of privileged company records

Construction & Infastructure News - 01 Apr 2008

Welcome to the latest edition of Piper Alderman's Construction & Infrastructure News, looking at some of the significant legal developments in the building and construction industry.  

In the April 2008 edition:

  • Assessment of damages for defective building works - review of a recent decision by the NSW Court of Appeal 
  • Failure of Security of Payment legislation in South Australia
  • Download a presentation with a round-up of Security of Payment cases in 2007
  • Partner Profile - Andrew Stops

Trade & Transport News - 01 Mar 2008

Welcome to the latest edition of Piper Alderman's Trade & Transport News, with up to date news on legal and regulatory issues affecting the sector, as well as the impact of recent case law from around the globe.

In the March 2008 edition:

  • Antarctica Whaling-debunking the myths and finding solutions
  • House of Lords confirms arbitration clauses cover all disputes
  • Air Waybill changes
  • Buyer's title to sue under a bill of lading endorsed "in blank"
  • Certain Underwiters of Lloyds v Inlet Fisheries Inc.
  • Case Note: New Zealand China Clay Ltd & Anor v Tasman Orient Line CV
  • Mark Ruaro & Anor v Catherine Ferrari & Anor [2007] FCA 2022

PA e-Bulletin - 01 Oct 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the October 2007 edition:

  • Speedy passage of the Commonwealth Water Bill
  • Vines v ASIC: meaning of "fit and proper to manage a corporation"
  • Access All Areas - director access to financial records
  • Amendments to Land Act 1994 (Qld)
  • ASIC Releases Consultation Paper on Non-Traditional Rights Issues

PA e-Bulletin - 01 Sep 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the September 2007 edition:

  • Financial Sector Legislation Amendment (Review of Prudential Decisions) Bill 2007 - APRA to hand over banning powers to the Courts
  • CGU Insurance v AMP Financial Planning - The High Court explores an insurer's duty of utmost good faith and the reasonableness of settlements
  • Proposed amendments to the Trade Practices Act to target "predatory" below-cost pricing
  • Productivity Commission Inquiry in respect of the market for Retail Tenancy Leases in Australia
  • Support for Representative Actions - Dawson Nominees Pty Ltd v QBE Insurance (Australia) - Applying contractual principles to an insurance policy
  • Legal Professional Privilege and In-house Counsel - Telstra Corporation Ltd v Minister for Communications, IT and the Arts

Trade & Transport News - 01 Aug 2007

Welcome to the latest edition of Piper Alderman's Trade & Transport News, with up to date news on legal and regulatory issues affecting the sector, as well as the impact of recent case law from around the globe.

In the August 2007 edition:

  • Maritime Arbitration Commission set up in Australia
    Case Note: United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC [2007] FCAFC 115 (1 August 2007)
  • United Kingdom Standard Conditions of Towage overruled by Australian Court
    Case Note: Brambles (trading as CHEP) & Ors v Tatale & Anor [2007] NSWSC 378

PA e-Bulletin - 01 Aug 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the August 2007 edition:

  • Water Bill 2007 - the three-legged horse is under starter's orders
  • Taking security over Water Shares - the new Victorian Water Register
  • Workplace Policies may be binding - be careful!
  • Perhaps "trade secrets" are not so secret after all; Del Casale v Artedomus (Aust) Pty Ltd
  • ASIC v Citigroup - Investment banks dealing with conflicts of interest

PA e-Bulletin - 01 Jul 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the July 2007 edition:

  • Is a Disciplinary Board Exercising the powers of a Court?
  • Beware of the bitter aftertaste - the High Court's defamation ruling in Fairfax v Gacic
  • Disclosure of discovered documents to a Litigation Funder - No general licence to disclose
  • ENT Pty Ltd v Sunraysia Television Ltd - Director obligations to make adequate disclosure to Shareholders
  • Set-offs and Annulling Bankruptcy Orders

PA e-Bulletin - 01 Jun 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the June 2007 edition:

  • Vines v ASIC - The obligation of care and diligence of company officers
  • Barley Export Single Desk to be abolished
  • The intellectual Property Rainbow - Cadbury edges closer to its pot of gold
  • Healy v Luke - Circumstances in which a party to proceedings against an insured may sue the insurer direct
  • Lewis v Hoskin: Pieroz and Hoskin & Associates - When do property agents step over the line?
  • ASIC Update
  • Testamentary Capacity in Queensland - recent developments

PA e-Bulletin - 01 May 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the May 2007 edition:

  • The Victorian Infertility Treatment Amendment Act 2007 - The Stem Cell Debate continues
  • Whitlam v NRMA - Indemnity for costs in defamation proceedings
  • Divergent opinions regarding the New Cross-Media Ownership Legislation
  • Mizzi v Reliance Financial Services
  • Functional Art will not sail - Copyright for Artistic Design

Trade & Transport News - 01 Apr 2007

Welcome to the latest edition of Piper Alderman's Trade & Transport News, with up to date news on legal and regulatory issues affecting the sector, as well as the impact of recent case law from around the globe.

In the April 2007 edition:

  • Carrier's obligations of Due Diligence in carrying steel coils
  • Comandate Marine Corp v Pan Australia Shipping Ltd [2006] FCAFC 192 (20 December 2006)
  • Case Note: Marina Offshore Pte Limited v China Insurance Co (Singapore) Pte Limited [2006] SGCA 28

PA e-Bulletin - 01 Apr 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the April 2007 edition:

  • Lionsgate Australia v Macquarie Private Portfolio Management -
  • Enforcing takeover agreements through the Courts
  • "Thank God You're Here" - The proposed amendments to the Insurance Contracts Act
  • Full breach decision on termination for operational reasons
  • Hicks v Ruddock - Commonwealth's summary judgment application refused
  • ASIC releases Policy Statement on disclosure in reconstructions and capital reductions
  • NSW decision redefines Queensland understanding of an "interest in land"

PA e-Bulletin - 01 Mar 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the March 2007 edition:

  • The recent decision of X&Y v APRA
  • The new Supreme Court of Victoria e-litigation Practice Note
  • Recent intellectual property decisions in China
  • New amendments in relation to anti-competitive conduct
  • The latest on the regulation of litigation funders
  • The recent decision of eBay International v Creative Festival Entertainment
  • Principles of Calderbank letters and offers of compromise
  • APRA's Director Banning Powers confirmed in the High Court

PA e-Bulletin - 01 Feb 2007

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the February 2007 edition:

  • National Stock Exchange regional expansion
  • The recent Federal Court restrictive trade practices decision of ACCC v IPM Operation and Maintenance Loy Yang
  • The recent changes to the menetary jurisdiction of the Victorian County Court
  • Legal professional privilege and audit letters
  • The recent New South Wales Court of Appeal decision in Trust Company of Australia v Skiwing Pty Ltd dealing with landlord obligations to provide information to tenants
  • The ACCC guidelines for collective Bargaining, Revised Authorisation Processes and New Merger Clearances
  • Sons of Gwalia in the High Court: Shareholders' rights on a winding up

PA e-Bulletin - 01 Dec 2006

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the December 2006 edition:

  • Personal Property Securities Law Reform update: Discussion paper released on PPS Register
  • John Fairfax Publications v Birt: Protecting employers' interests by restraint of trade clauses
  • Mitigation in a claim for contract damages
  • ASIC updates organisation competences and general obligation requirements for AFS licensees
  • Options to renew when a lessee is in default

PA e-Bulletin - 01 Nov 2006

Welcome to the latest edition of Piper Alderman's PA e-Bulletin. Read our accessible and informative summaries of recent legal developments.

Highlights of the November 2006 edition:

  • Lion Nathan Australia Pty Limited v Coopers Brewery Limited: The interpretation of a company's articles
  • The draft Corporations Amendment (Insolvency) Bill 2007 - a comprehensive package for insolvency law?
  • Fair Pay Commission makes first ruling about minimum wage rates
  • Drugs in Professional Sport - is it your business?
  • Lifoon Pty Ltd v Gillard: The valid exercise of a lease option - orally

Trade & Transport News - 01 Jul 2006

Welcome to the latest edition of Piper Alderman's Trade & Transport News, with up to date news on legal and regulatory issues affecting the sector, as well as the impact of recent case law from around the globe.

In the July 2006 edition:

  • Forfeiture of a vessel and security interests in bunkers
  • A bailee's duty to protect goods from theft - Double insurance and forum selection
  • Marine hull voyage cover and breach of warranty
  • Storms, barges and bailment

Trade & Transport News - 01 Jan 2006

Welcome to the latest edition of Piper Alderman's Trade & Transport News,  with up to date news on legal and regulatory issues affecting the sector, as well as the impact of recent case law from around the globe.

In the January 2006 edition:

  • Court of Appeal approves trial judgement in the "Eternal Wind"
  • Arrest of bunkers as security for arbitration
  • Freight forwarders as carriers
  • State liability of government for detention of vessel pursuant to port state control measures
  • Waiver of lien for port charges