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The ramifications of a Facebook rant
The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...
Federal Court judgment in the Chevron transfer pricing case
The Federal Courts much-anticipated judgment in emChevron Australia Holdings v Commissioner of Taxationem is the next important step in the development of Australias transfer pricing rules Partners Martin Fry and Toby Knight discuss certain implications of the decision ...
Contract Law Update 2018
This Insight examines the latest developments in contract law ...
Contract Law Update 2017
The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...
The latest from the High Court on contractual interpretation
A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...
High Court limits proportionate liability regime and expands insurers' liability for costs
The High Court yesterday overturned a decision of the Full Court of the Federal Court and held that if the same loss is caused by both apportionable and non-apportionable claims proportionate liability does not apply to the non-apportionable claims The High Court also ordered that the defendants ...
ASIC grants more time to update websites and some relief from fees and costs disclosure
ASIC issued Class Order 14509 yesterday providing late but welcome breathing space for superannuation trustees to update their websites to disclose executive remuneration and other information The Class Order provides safe harbour timeframes for disclosure And today ASIC has released Information ...
Indirect costs - where to from here for superannuation trustees?
As many in the superannuation and managed investments industries are well aware there has been a number of significant changes to the manner in which indirect costs will need to be calculated and disclosed in PDSs that are on issue after 1 January 2016 While parts of the industry are continuing to ...
Insourcing investment management in super - challenges and opportunities for in-house teams
With the release of an ASFA Best Practice Paper on insourcing investment management we look at some of the challenges and opportunities for in-house legal teams that come with the seemingly inexorable move in the superannuation industry towards insourcing investment management functions ...
ASIC's report on member experience of superannuation - ASIC continues to set a high bar
ASIC Report 529 Member experience of superannuation released just a day before the Productivity Commission officially sets its sights on assessing the state of the superannuation system serves as a timely reminder of the ever-increasing expectations of the conduct and disclosure practices of ...