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Finally - a class action regime for Queensland
Insight 17 Aug 2016

Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...

The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

First Asset Recycling Initiative agreement signed
Insight 24 Feb 2015

The Federal Government announced late last week that the first agreement under its 5 billion Asset Recycling Initiative has been signed with the ACT Government demonstrating the Federal Governments commitment to the Initiative despite the underlying legislation remaining stalled by the Senate ...

There's no such thing as a free lunch (or road): user charges and road pricing
Insight 26 Jun 2015

Whether or not to more broadly adopt a user-pays model for road infrastructure is a contentious debate within Australia A number of industry participants and bodies have shown leadership in framing and enriching the debate while others have sought to politicise or inflame the core issues Partner ...

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 ...

High Court affirms governments' power to pass 'draconian' seizure laws
Insight 10 Jun 2014

The High Court recently handed down its decision in Attorney-General NT v Emmerson Partner Peter ODonahoo Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the courts analysis of the limits on Commonwealth and Territory legislative power under the doctrine of ...

ASIC's (limited) guidance on superannuation fees and costs disclosure
Insight 01 Jul 2014

Today 1 July sees the implementation of changes to the fee and cost disclosure rules for superannuation and managed investment products While a new information sheet from ASIC provides guidance on certain aspects of the new rules superannuation trustees have been left to grapple largely unaided with ...

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 ...

ASIC releases consultation paper on regulatory sandbox exemption for startups
Insight 09 Jun 2016

ASIC has released a consultation paper on proposals to facilitate innovation in the financial services sector The proposals include details of the long-awaited regulatory sandbox It will be of interest to both emerging companies who may rely on the relief as well as investors in this space Senior ...

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