821-830 of 1134 results
Investigations - ICAC has its wings clipped
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 ...
Can you make a supply merely by tolerating something?
In an important ruling the High Court has decided that a purchaser of leased premises will make a supply of the leased premises when after completion the purchaser observes its express obligations under the lease The decision provides much-needed certainty for vendors and purchasers of leased ...
Productivity Commission - Access to Justice Arrangements report and recommendations
The Access to Justice Arrangements report proposes broad-ranging reforms to our civil justice system with the aim of improving access to justice Partner Belinda Thompson and Lawyer Annie Santamaria highlight some recommendations which also have the potential to impact more broadly on Australias ...
Investor-state dispute settlement and the China-Australia Free Trade Agreement
The Australian and Chinese governments have concluded negotiations on a free trade agreement that will reduce tariff barriers on the majority of Australian exports to China The Australian Department of Foreign Affairs and Trade has confirmed that the treaty will include an investor-state dispute ...
The China-Australia Free Trade Agreement
After almost 10 years of negotiations between the nations on 17 November 2014 Prime Minister Abbott and President Xi announced the conclusion of negotiations on the China Australia Free Trade Agreement ChAFTA Once implemented the ChAFTA is expected to significantly reduce import barriers for ...
Privacy Commissioner reports on Department of Immigration and Border Protection's data breach
The Australian Privacy Commissioner has released a report into the Department of Immigration and Border Protection having breached the privacy of asylum seekers in February 2014 Partner Michael Pattison and Associate Priyanka Nair report on the Commissioners findings and the lessons for all ...
Foreign pension funds to access reduced withholding tax rate
Legislation has been introduced into Federal Parliament to allow foreign pension funds to access the managed investment trust withholding tax regime with effect from 1 July 2008 Partner Katrina Parkyn and Associate Scott Lang examine the proposed legislation and its implications for foreign pension ...
Further guidance on promoter penalty provisions
The Federal Court has recently had another opportunity to consider the application of the promoter penalty provisions in the Taxation Administration Act The Federal Courts recent decision indicates that the promotion of schemes that are clear and deliberate tax exploitation schemes will result in ...
ASIC releases paper on collective action by institutional investors
ASIC has released its consultation paper on collective shareholder actions which calls for feedback on a draft update to Regulatory Guide 128 The consultation paper illustrates ASICs current albeit preliminary views on the tension between fostering increased investor engagement on the one hand and ...
Finality: an important objective of class actions
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 ...