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High Court examines powers of responsible entities
Insight 07 Nov 2014

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

Investigations - ICAC has its wings clipped
Insight 11 Dec 2014

By a two to one majority the NSW Court of Appeal has held that the Independent Commission Against Corruption had no power under the ICAC Act to investigate an allegation to the effect that as a result of conduct involving an alleged intention to pervert the course of justice a public official had ...

Allens insights: Merit appeals and the need for reform: Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc
Insight 04 Dec 2014

In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court LEC to refuse approval for the expansion of the Warkworth Mine near Bulga NSW ...

Term of mutual trust and confidence not implied into Australian employment contracts
Insight 10 Sep 2014

A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...

Federal Court judgment in the Chevron transfer pricing case
Insight 10 Nov 2015

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 ...

High Court rules on freezing orders for prospective overseas judgments
Insight 04 Nov 2015

The High Court of Australia recently upheld the Western Australian Court of Appeals decision allowing for the WA Supreme Court to make freezing orders for a prospective judgment in Singapore The core of the decision was a finding that the federal jurisdiction of state Supreme Courts to register ...

Linklaters Insights: Corporate Criminal Liability report
Insight 04 Oct 2016

As pressure from prosecution authorities increases it is becoming ever more important for international companies to be aware of the potential impact of criminal conduct committed by their executives and employees and the risks and liability the company may face as a result - not least in order to ...

Back to basics: Managing supply chain risk from an Australian product liability perspective
Insight 29 Jun 2016

Allens Partners Phillip Cornwell Michael Ryan and Ben Farnsworth were part of the global panel analysing the project finance market including key economies regional analysis and PPPs In Getting the Deal Throughs second annual issue focusing on the global project finance markets Phillip Michael and ...

Indirect costs - where to from here for superannuation trustees?
Insight 05 Mar 2015

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 ...

Review into four major banks - money for consultants?
Insight 25 Nov 2016

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

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