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Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Update on the Royal Commission
A lot has happened since our most recent update The Royal Commission has published the submissions received from ASIC and industry participants on policy questions posed by Counsel Assisting at the end of the financial advice hearings And the small business lending hearings have been held ...
A series of 'firsts' under the National Electricity Law
The Federal Court has issued the first court-ordered civil penalties for breaches of the National Electricity Rules demonstrating a willingness to apply an agreed pecuniary penalty negotiated by regulators and respondents This decision is important not just to the energy sector but also to ...
What next after FATF's mixed review of Australia's anti-money laundering and counter-terrorism financing regime?
The Financial Action Task Force has released its report on the effectiveness of Australias anti-money laundering and counter-terrorism financing regime focusing on the extent to which it complies with international standards The reports findings and recommendations come at a key stage in the ...
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...
High Court affirms governments' power to pass 'draconian' seizure laws
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 ...
Term of mutual trust and confidence not implied into Australian employment contracts
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 ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Third parties are no bar to arbitration: A win for arbitration?
The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...
Federal Court rules liquidator needn't account for tax on sale of assets
The Full Federal Court has held that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued While the decision is a win for taxpayers and creditors of insolvent entities it remains to be seen how the Commissioner of Taxation will respond ...