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Court determines Native Title compensation for the first time
Insight 25 Aug 2016

Yesterday afternoon the Federal Court handed down a decision which for the first time provided judicial consideration of how to calculate native title compensation A decision on this issue has been long awaited ever since the Native Title Act commenced in 1994 Partner Ben Zillmann Senior Associate ...

Registering Indigenous Land Use Agreements - it's all or nothing
Insight 06 Feb 2017

In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...

House of Representatives passes misuse of market power Bill
Insight 29 Mar 2017

The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...

Security of the Cape Preston port affirmed in appeal decision
Insight 07 Apr 2017

The FCACFC decision in Mineralogy affirms that commercial agreement terms between parties can be impacted by later agreements between those parties and by state agreements, and emphasises the care commercial drafters need to take. ...

Land tax recovery - no, yes, no again
Insight 15 Jun 2017

The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...

Can super really help housing affordability (and I have not asked should it)?
Insight 07 Jun 2017

The 2017 Budget included proposals intended to reduce pressure on housing affordability Two of them use the superannuation system to do so the First Home Super Saver Scheme and the Reducing Barriers to Downsizing proposal Partner Michelle Levy examines the schemes in more detail ...

Senate calls for rewards and increased protections for whistleblowers
Insight 03 Oct 2017

A broadened definition of whistleblower reforms to establish greater protections for whistleblowers and increased sanctions for retaliatory conduct are some of the recommendations by a Senate committee looking into whistleblower protections in the corporate public and not-for-profit sector We expect ...

Welcome change to lessor disclosure statements in NSW
Insight 20 Oct 2017

This Insight examines the welcome change from recent legislation in New South Wales that lessens lessor disclosure obligations for retail shop leases. ...

National Energy Guarantee
Insight 28 Nov 2017

The Energy Security Board recently released a report summarising the results of its modelling of the Federal Governments new energy policy the National Energy Guarantee The Energy Security Boards report was considered by the COAG Energy Council at its meeting on 24 November 2017 and gives an insight ...

Exposure Draft to implement tax integrity package for stapled structures released
Insight 23 May 2018

Treasury has released the first of several tranches of exposure draft legislation to implement the Federal Governments tax integrity package for stapled structures and broader tax concessions currently available to certain foreign investors The draft legislation sets out the requirements that ...

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