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The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...

Polluter pays principle in action
Insight 23 Feb 2016

In a recent decision of the Victorian Supreme Court a Melbourne municipal council was held liable to compensate a landowner for the costs that were incurred by the landowner in the course of complying with a clean-up notice issued under the Environment Protection Act 1970 Vic despite the pollution ...

The beginning of the end of the unit trust's monopoly? A look at common contractual funds
Insight 08 Dec 2015

The Board of Taxations report on tax arrangements applying to collective investment vehicles considers that offshore investors are dissuaded from investing in Australian funds because they do not understand unit trusts and that access to a broader range of collective investment vehicles would help ...

The China-Australia Free Trade Agreement
Insight 21 Nov 2014

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 ...

The best interests duties - process or outcome?
Insight 05 Feb 2015

Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...

Significant amendments to retail shop leases legislation in Queensland
Insight 15 Oct 2015

Significant amendments to laws governing retail shop leases in Queensland will be made under new legislation just introduced into the Queensland Parliament Landlords should carefully review the Bill so they can be prepared for the new regime once it commences Partner John Beckinsale and Special ...

Allens insights: Opportunities in infrastructure - 2015
Insight 16 Dec 2015

The World Bank has released its Benchmarking Public Procurement 2016 report which provides comparable data on regulatory environments that affect the ability of private companies to do business with governments in 77 economies Allens Partner Leighton OBrien and Linklaters Counsel Julia ...

PPS deregulation measures to take effect
Insight 29 Sep 2015

From 1 October 2015 short-term leases of serial numbered goods will no longer be deemed security interests under the PPSA Businesses should review their current PPS policies and where appropriate implement changes to processes as Partner Karla Fraser and Lawyer Katharine Ward explain ...

Financial System Inquiry: where are we at?
Insight 05 Aug 2015

Federal Treasurer Joe Hockey released the Financial System Inquiry report on 7 December 2014 saying that the report I release today delivers on our election commitment and lays out a blueprint for the financial system over the next decade And he is right - the Government did as promised commission ...

Broadening approved product lists - would it really achieve anything?
Insight 05 Aug 2015

In his report earlier this year on retail life insurance advice John Trowbridge recommended that every advice licensee include at least half of the 13 relevant life insurers on its approved product list The Assistant Treasurer has since indicated the Government may consider measures to widen APLs by ...

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