4141-4150 of 4473 results

Court takes an expansive view of threshold requirement for class actions against multiple respondents
Insight 08 Sep 2014

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 ...

International arbitration update
Insight 09 Sep 2014

In this issue we look at an unsuccessful challenge to the enforcement of foreign arbitral awards in the Federal Court of Australia recent changes to the arbitration rules of the Institute of Arbitrators and Mediators Australia the International Centre for Dispute Resolution and the London Court of ...

Isolated genetic material confirmed as patentable
Insight 12 Sep 2014

In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...

New opportunities for charities as 'directness' requirement ruled out
Insight 04 Sep 2014

The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...

Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
Insight 08 Sep 2014

In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...

Can product suitability rules succeed where disclosure has failed?
Insight 08 Aug 2014

One of the more interesting possibilities raised in the Interim Report of David Murrays Financial System Inquiry is the introduction of product suitability requirements as a complement to the current disclosure regime The Interim Report presents a case for change but does not set out in detail what ...

Proposed reforms to create a consistent proportionate liability regime
Insight 31 Jan 2014

In response to concerns about inconsistencies across various state-based jurisdictions and following a public consultation process the Standing Council on Law and Justice has released revised draft model legislation to reform Australias proportionate liability laws Partner Andrea Martignoni and ...

Government abandons some not-for-profit sector tax reforms
Insight 03 Feb 2014

The Federal Government has announced that it will proceed with only one of the backlog of announced but unlegislated reforms to the taxation of charities and other not-for-profit entities proposed by previous governments Special Counsel Glenys Hodges and Lawyer Scott Lang report on the fate of the ...

Federal Government announces FOFA changes
Insight 20 Jun 2014

The Federal Government has announced that it will press ahead with changes to the future of financial advice provisions, initially by regulation and then by legislation ...

Senate releases report on FOFA Bill
Insight 17 Jun 2014

Last night the Senate Economics Legislation Committee released its report on the Corporations Amendment Streamlining of Future of Financial Advice Bill 2014 The Committees recommendations could lead to changes in the treatment of scaled advice and general advice Partner Michelle Levy and Senior ...

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