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Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

FIRB shines the spotlight on tax issues
Insight 23 Feb 2016

The Australian Government has announced that in applying the national interest test to future foreign investment applications it will be requiring investors to satisfy a series of tax compliance and disclosure obligations relating to the tax implications of the proposed investment and the ...

Painting the full picture: certifiers and financiers in projects
Insight 20 Oct 2015

A recent decision of the UK High Court provides valuable instructions to both financiers and consultants regarding their obligations in monitoring project developments Partners Nick Rudge view CV and David Donnelly view CV and Lawyer Patrick Easton report on the decision in Lloyds Bank plc v McBains ...

Major overhaul of Australia's foreign investment laws: what's new?
Insight 04 Dec 2015

The new package of legislation overhauling Australias foreign investment laws the first major revision in 40 years commenced on 1 December 2015 While many features of the previous regime have been retained and sometimes re-named there are also a number of significant changes Partners Jeremy Low ...

New environmental responsibilities for corporates, officers, financiers and others in Queensland
Insight 16 Mar 2016

The Queensland Government proposes new powers to compel related bodies corporate executive officers financiers and shareholders and a select category of related persons to satisfy the environmental obligations of companies operating in Queensland The Chain of Responsibility concept has been proposed ...

Contractors face uphill battle restraining security calls
Insight 07 Mar 2016

The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...

You've got to be perfected - Equipment leasing and the PPSA
Insight 07 Mar 2016

A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...

Bitter Harvest yields fertile ground for MIS reform
Insight 05 Apr 2016

Last month the Senate Economics References Committee handed down its long-awaited report on the structure and development of agribusiness-managed investment schemes The Committees inquiry into agribusiness schemes had been instigated in June 2014 by Greens Senator Peter Whish-Wilson While there had ...

Value capture for major transport infrastructure projects discussion paper
Insight 17 Nov 2016

The Federal Government has released the discussion paper foreshadowed in its Smart Cities Plan about how to use value capture to fund infrastructure projects in Australia Infrastructure Transport Sector Leader Leighton OBrien Government Sector Leader Paul Kenny Special Finance Counsel Phillip ...

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