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The WTO decision against Australia – what the law on paper might mean in practice
Insight 31 Jan 2020

At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...

Australian Human Rights Commission proposes mandatory human rights approach for artificial intelligence
Insight 31 Jan 2020

The Australian Human Rights Commission (AHRC) has published a discussion paper on proposals to legislate for a human rights approach to artificial intelligence (AI) systems. If adopted by the Australi ...

Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
Insight 04 Dec 2019

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

Australia's Modern Slavery Act – one year on
Insight 11 Dec 2019

Australia's modern slavery reporting regime was introduced one year ago, and 2020 will see the first set of modern slavery statements published by reporting entities. ...

Final piece of privacy reform jigsaw
Insight 28 Jan 2014

In important news for any Australian business that provides goods or services to individuals on deferred payment terms the long-awaited Credit Reporting Privacy Code has been registered Partner Michael Pattison and Senior Associate Matt Vitins report on the implications of the credit reporting ...

The Japan-Australia Economic Partnership Agreement
Insight 15 Apr 2014

Australia and japan have enetered into an economic partnership agreement to reducel tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. ...

High Court affirms governments' power to pass 'draconian' seizure laws
Insight 10 Jun 2014

The High Court recently handed down its decision in Attorney-General NT v Emmerson Partner Peter ODonahoo Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the courts analysis of the limits on Commonwealth and Territory legislative power under the doctrine of ...

Using 'reasonable endeavours' - the importance of internal contractual standards
Insight 28 Apr 2014

The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...

High Court confirms liquidator has first pick of the fruits of litigation
Insight 13 May 2014

The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...

Material adverse change
Insight 15 May 2014

In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...

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