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Penalties: The final word
Insight 27 Jul 2016

The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...

Coming this spring: ACCC to monitor large merchants' payment surcharges
Insight 02 Jun 2016

The Reserve Bank has now released a Standard which sets out what payment surcharges will be permitted for the purposes of the new Part IVC of the Competition and Consumer Act 2010 Cth The aim of the Standard is to improve competition and efficiency by providing to consumers price signals associated ...

Extraordinary new power proposed for APRA
Insight 12 Sep 2017

The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...

New PPP guidelines for NSW
Insight 28 Jul 2017

The NSW Government has released updated guidelines that govern the Public Private Partnership (PPP) procurement process in NSW and will provide welcome assistance to both NSW Government agencies and bidding consortiums. ...

Dealing with data: your M&A playbook
Insight 27 Nov 2019

There is more M&A activity in data across all sectors, and data opportunities and risks are impacting headline price, post-completion deal value and risk-allocation profile of investments and M&A transactions. For both buyers and sellers, this playbook helps in-house counsel and dealmakers navigate the data issues that arise in the context of mergers, acquisitions, demergers and investments to maximise the value in these transactions. ...

What is on the horizon for competition and consumer laws?
Insight 10 Dec 2019

In his recent address to the RBB Economics Forum, ACCC Chairman Rod Sims identified a number of key focus areas for the regulator. The Chairman offered valuable insight into potential future developments in the competition and consumer law space, including the ACCC's approach to mergers, the possible introduction of a prohibition against unfair trading practices, and further scrutiny of the agricultural sector. We explore the impact of the ACCC's agenda on the food and beverage sector. ...

Withholding tax on the sale of Australian property by foreign residents exposure draft legislation released
Insight 28 Jul 2015

Exposure draft legislation implementing the Federal Governments promise to introduce a 10 per cent non-final withholding tax on purchasers of certain types of taxable Australian property by foreign residents has been released for review and comment Partner Charles Armitage and Associate Scott Lang ...

Court accepts market-based causation
Insight 21 Apr 2016

Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...

Finality: an important objective of class actions
Insight 12 Feb 2015

The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...

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