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The Federal Court on information to third parties, legal professional privilege and waiver
Insight 21 May 2014

A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...

More (good) Queensland property law changes (inc. up to 20% deposits!!)
Insight 04 Jun 2014

Further amendments to existing property legislation that aims to streamline the sale of property particularly in respect of the sale of off-the-plan lots have been introduced into the Queensland Parliament These amendments will be of substantial benefit to developers Partner Alister Fitzgerald ...

School chaplaincy program remains out of bounds of federal power
Insight 26 Jun 2014

In a decision that has potential implications for a raft of Federal Government programs the High Court held that legislation passed to authorise hundreds of government funding arrangements is invalid insofar as it relates to the national schools chaplaincy program The decision once again confirms ...

Workplace Relations
Insight 25 Jun 2014

We look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor the Fair Work Commissions position on legal representation a case that helps clarify when restructuring roles will create genuine redundancy whether a gift to employees who ...

ASIC report on disclosure of fees and costs
Insight 08 Jul 2014

Today ASIC released a report outlining the shortcomings in the disclosure of fees and costs for superannuation and managed investment products While everyone may not like what it says and for some it may be too little too late the more detailed discussion of what the law requires may be helpful ...

Further support for arbitration
Insight 15 Jul 2014

In a recent decision the Victorian Court of Appeal has held that parties to an arbitration agreement cannot avoid arbitration by seeking to bring the claim in a statutory tribunal Partner Nick Rudge and Lawyer James Waters report on a case that reinforces the trend of Australian courts to give ...

Record penalties a reminder of product safety obligations
Insight 03 Jul 2014

Record US penalties recently imposed on car manufacturers for failures to deal appropriately with safety defects are a timely reminder to Australian manufacturers of their product safety obligations Partner Belinda Thompson Senior Associate Jaime McKenzie and Lawyer Ishwar Singh report ...

Another win for arbitration
Insight 07 Aug 2014

The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...

Does legal professional privilege apply to communications with third-party commercial advisers?
Insight 14 Aug 2014

Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...

UN resolution could be the start of a binding treaty on business and human rights
Insight 13 Aug 2014

The UN Human Rights Council has recently passed resolutions that provide for the establishment of a working group to develop an international legally binding human rights instrument for transnational corporations as well as commissioning a report on the pros and cons of this approach Partner Rachel ...

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