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Contract Law Update 2016
When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...
Court takes an expansive view of threshold requirement for class actions against multiple respondents
A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...
Further guidance on promoter penalty provisions
The Federal Court has recently had another opportunity to consider the application of the promoter penalty provisions in the Taxation Administration Act The Federal Courts recent decision indicates that the promotion of schemes that are clear and deliberate tax exploitation schemes will result in ...
Risk management - what, if anything, does the 'three lines of defence' model do?
From 1 January 2015 a new common risk management prudential standard will apply to banks general insurers and life companies and in many cases to other companies in the corporate groups in which those institutions sit Michael Mathieson looks at the three lines of defence model that APRA proposes to ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Higher penalties for consumer law breaches come into effect
New laws come into effect this week that substantially increase the maximum penalties for contraventions of the Australian Consumer Law The changes were a headline recommendation of the Australian Consumer Law Review and a range of other recommended reforms are currently before Federal Parliament We ...
Solar farm wins court approval despite conflicts with planning schemes
The Queensland Planning and Environment Court has approved a solar farm located on good quality agricultural land despite high level conflicts between the proposed development and the provisions of the relevant planning schemes Partner Bill McCredie and Special Counsel Rosanne Meurling review the ...
Class action and litigation funding review - ALRC grapples with thorny issues
As part of its current inquiry into class actions and litigation funders the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding In general it ...
Why we need to do more to fix our class action regime
The Victorian Law Reform Commissions inquiry into litigation funding and group proceedings provides an important and timely opportunity to reflect on the current operation of our class action regime The regime recognises and was designed to balance competing interests We believe more can be done to ...