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Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
Insight 29 Apr 2015

The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...

The Inverted Bid Model - five key questions in solving it
Insight 18 Mar 2015

Industry Super Australias proposed Inverted Bid Model has generated a lot of interest and discussion At a recent industry symposium participants were invited to explore the model with a view to further refining it for application in the Australian infrastructure market Partner David Donnelly poses ...

When is a trust a commercial necessity?
Insight 10 Mar 2015

The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...

First enforceable undertaking under new privacy laws
Insight 31 Mar 2015

Optus has become the first organisation to enter into an enforceable undertaking with the Privacy Commissioner since reforms to the Privacy Act took effect in March 2014 Partner Michael Pattison and Associate Byron Frost examine the circumstances surrounding Optuss voluntary data breach ...

Important clarifications of Australian trade mark registrability
Insight 16 Feb 2015

Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...

A new phase in tax reform
Insight 31 Mar 2015

The Federal Governments Tax Discussion Paper presents a mix of new and old themes for debate about the taxation of Australian business and begins a new stage in tax reform Partner Martin Fry and Senior Associate Jennifer Richards comment on some of the key issues for corporate taxpayers in ...

New energy certificate exemptions for sellers and landlords
Insight 06 Mar 2015

From 1 July 2015 sellers and landlords will be able to enter into sales and leases which are the result of unsolicited offers or which involve only wholly-owned subsidiaries without the need to first provide a building energy efficiency certificate following amendments to federal legislation Partner ...

WA State Budget - Government responds to economic conditions by significantly widening asset sales program
Insight 15 May 2015

In its 2015 Budget handed down yesterday the WA Government confirmed the expansion of its asset sales program to manage the states debt In response to the first forecast budget deficit in WA in 15 years a significant new second tranche of assets has been added to the sales program Partners Andrew ...

PNG's personal property security reform a step closer to becoming law
Insight 11 Jun 2015

Personal property security reform in Papua New Guinea is one step closer to becoming law following the governments release of draft regulations for public comment Partner Karla Fraser and Senior Associate Sarah Kuman report ...

Landholder duty risks associated with international transactions surface in Crocodile Gold case
Insight 17 Jun 2015

Corporate mergers and acquisitions commonly involve changes to entities that comprise a corporate group the holding of property within that group and the ultimate beneficial ownership of that group Even if those changes occur entirely outside Australia Australian landholder duty may be payable and ...

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