401-410 of 442 results
High Court examines powers of responsible entities
The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...
Supreme Court decision limits the scope of landholder duty in Queensland
The Queensland Supreme Court has held that mining leases did not constitute an interest in land for the purposes of the former land rich duty regime While subsequent amendments to the Duties Act 2001 Qld mean that mining tenements are now treated as an interest in land the decision provides much ...
Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...
Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...
Confidentiality lost in court – restraining an independent contractor
An independent contractor kept and used a client list, but the New South Wales Court of Appeal decided the list had lost its confidentiality because it had been disclosed in court. ...
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...
Civil penalties: are negotiated outcomes still negotiable?
A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...
Can listed companies continue to claim tax deductions for contributions to employee share trusts?
A recent draft tax ruling may make it more difficult for employers to claim tax deductions for contributions made to employee remuneration trusts However the ruling is expected to have limited practical application to listed companies making non-refundable contributions to traditional employee share ...
Thriving in an era of scrutiny: Culture and conduct
Legal and compliance leaders should act now to combat serious and increasing legal and reputational risk ...
Sidestepping arbitration clauses - a potentially explosive business!
The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...