In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...

Following a decision earlier this year preventing a solicitor from acting in a class action in which the solicitor managed and controlled the representative plaintiff the Victorian Supreme Court has held that a solicitor and senior counsel should be prevented from acting in a class action in which ...

The 100 member rule for convening company meetings will be abolished under legislative amendments introduced into Parliament this week following consultation by the Federal Government on draft legislation earlier this year Proposed streamlining of remuneration disclosure obligations is also still ...

After two years three rounds of public consultation and one aborted attempt Federal Parliament looks likely to pass legislation amending the rules governing when the Australian Taxation Office is required to refund excess GST to a taxpayer ...

Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...

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 ...

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 ...

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 ...

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 ...

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 ...