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Contract Law Update 2017
The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...
CCIVs: Lost in translation?
The long-awaited Exposure Draft containing the tax treatment of the proposed new corporate collective investment vehicle has been released for consultation. ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Defamation law developments in the digital context
The NSW Attorney-General has released the long-awaited statutory review of the Defamation Act 2005 (NSW), recommending that consideration be given to certain changes to the Model Defamation Provisions that form the basis for the National Uniform Defamation Law. The High Court's decision in Trkulja v ...
Design and distribution of financial products - regulating 'retail product distribution conduct'
The revised exposure draft Bill concerning design and distribution obligations for issuers and distributors of financial products and new intervention powers for ASIC includes some modest yet mostly welcome changes to the December 2017 exposure draft Senior Regulatory Counsel Michael Mathieson ...
1 July 2018 changes affecting employers, and public consultation opens on Western Australia's WHS reforms
Several changes relevant to employers took effect on 1 July 2018, including in relation to minimum rates of pay, the high income threshold, the superannuation maximum contribution base and penalty rates in certain industries. Separately, WA has moved a step closer to a modernised Work Health and Saf ...
Superannuation-guarantee amnesty, and proposed modern slavery legislation
Two important pieces of draft legislation under Federal consideration are how employers deal with historical superannuation contribution shortfalls, and the possible requirement of employers to report on modern slavery risks and practices in their workforce and supply chains. ...
US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
In a decision on human rights litigation that has important consequences for business a divided US Supreme Court has held that foreign corporations will not be held liable in suits brought under the Alien Tort Statute Partner Rachel Nicolson Associate Shamistha Selvaratnam and Graduate Calypso ...
Competing class actions - a problem in need of a solution
As fertile ground for class actions the Royal Commission has highlighted an ongoing problem with Australia's class action regime - there is no clear consistent means for resolving competing class actions. ...
Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...