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The Japan-Australia Economic Partnership Agreement
Insight 15 Apr 2014

Australia and japan have enetered into an economic partnership agreement to reducel tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. ...

High Court confirms liquidator has first pick of the fruits of litigation
Insight 13 May 2014

The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...

Using 'reasonable endeavours' - the importance of internal contractual standards
Insight 28 Apr 2014

The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...

Material adverse change
Insight 15 May 2014

In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...

Australia implements expanded sanctions against Russia
Insight 02 Apr 2015

Australia has imposed sector-wide prohibitions on a range of imports to exports from and commercial activities with Russia Crimea and Sevastopol Partner Rachel Nicolson Associate Andrew Wilcock and Law Graduate Alice Crawford report on how these sanctions will impact on companies engaged in business ...

Class Action Insights
Insight 07 Apr 2015

The recent settlement of the Great Southern class action raises a number of interesting and important issues not only because the court took the unusual step of publishing its reasons for judgment after the settlement had been announced ...

ASIC releases paper on collective action by institutional investors
Insight 26 Feb 2015

ASIC has released its consultation paper on collective shareholder actions which calls for feedback on a draft update to Regulatory Guide 128 The consultation paper illustrates ASICs current albeit preliminary views on the tension between fostering increased investor engagement on the one hand and ...

Peer-to-peer lending - a disruptive threat to banks?
Insight 05 Dec 2014

The expansion of peer to peer lending in Australia will likely be a disruptive force for both banks and broader commercial stakeholders ...

A new dawn for crowd sourced equity funding?
Insight 05 Feb 2015

CAMAC and the FSI have acknowledged that the current Australian regulatory settings are hostile to crowd sourced equity funding A recently released Treasury Discussion Paper has considered three options for law reform and what each might mean for the development of this innovative form of capital ...

Bigger sticks, smaller budget: ASIC's enforcement in 2015
Insight 25 Feb 2015

In 2014 the Australian Securities and Investments Commission ASIC was chastened by the Senate Economics References Committee which wants ASIC to be more effective but encouraged by the Financial System Inquiry which wants ASIC to take on greater powers Meanwhile the Federal Government has reduced ...

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