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Contract law update 2019
Insight 26 Mar 2020

A recent WA Court of Appeal decision illustrates the difficulties for a party in avoiding the literal meaning of a contract in the absence of ambiguity or absurdity ...

Contract law update 2019
Insight 26 Mar 2020

In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd, the New South Wales Court of Appeal considered the circumstances in which a party, which has a right to terminate a contract, might lose that right. In particular, the court considered when the right might be lost due to an election to affirm a contra ...

Amnesty for historical superannuation non-compliance
Insight 31 Mar 2020

The newly introduced superannuation guarantee (SG) amnesty scheme provides a one-off amnesty to encourage employers to self-correct historical SG non-compliance. This is done by allowing employers to claim tax deductions for contributions made during the amnesty period, as well as waiving certain penalties and fees that may otherwise apply in relation to historical SG non-compliance. ...

First prosecution for breach of new Heavy Vehicle National Law chain of responsibility duties
Insight 31 Mar 2020

The National Heavy Vehicle Regulator (NHVR) has commenced its first prosecution into duty holders under the new chain of responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL), which has been adopted in all states and territories (other than Western Australian and the Northern Territory). ...

FWC considers unfair dismissal procedural requirements
Insight 01 Apr 2020

The Full Bench of the Fair Work Commission (FWC) has ordered a case be reheard after it was found that adequate consideration was not given at first instance to whether a dismissed employee had been notified of, and given an opportunity to respond to, a valid reason for his dismissal. ...

Impact of COVID-19 on superannuation
Insight 25 Mar 2020

Like all industries, the superannuation industry is facing some immense challenges in light of the rapidly developing COVID-19 pandemic. This Insight considers some of the more topical issues the industry is facing ...

In Touch: ACCC's 2020 enforcement priorities; Vodafone/TPG merger to proceed; and ACCC to investigate digital advertising
Insight 09 Mar 2020

The ACCC releases its enforcement priorities for 2020; the Federal Court clears a merger between Vodafone Hutchison Australia and TPG Telecom; ACCC starts an inquiry into the supply of digital advertising technology and agency services; ACCC consults on divestment undertaking in CUB / Asahi deal; Weldclass' RPM notification raises ACCC concerns; and two proposed mergers in the paper industries receive the regulator's blessing. ...

Two safe harbours for the storm of COVID-19
Insight 24 Mar 2020

The COVID Safe Harbour will provide useful immediate relief for companies and their directors, particularly those who need time to assess the company's position before developing a turnaround plan or pursuing an insolvency administration if that becomes necessary. ...

Allens视界– 新冠病毒(COVID-19)促使FIRB体制发生重大变化
Insight 01 Apr 2020

2020年3月29日,澳大利亚联邦政府财政部长宣布对澳大利亚的外国投资审查批准(FIRB)体制进行重大修改,以应对由新型冠状病毒(COVID-19)爆发引起的风险。这些修改虽然是暂时的,但大幅度地扩展了需要获得FIRB批准的交易范围,并大大延长了FIRB申请的审查期限。 ...

Continuous disclosure during COVID-19: shining the spotlight on earnings and debt
Insight 06 Apr 2020

In its latest compliance update, ASX reiterated that entities in financial difficulty (including with respect to their debt arrangements) will receive no special treatment. On earnings guidance, it was acknowledged that many listed entities have taken the opportunity to withdraw guidance issued before the outbreak of COVID-19. ASX also strongly encouraged entities to review their published guidance in light of COVID-19 and to either update it if it was not current or withdraw it in this highly uncertain climate. ...

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