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 ...

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...

The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...

This insight explores the key questions that Australian boards and senior executives (who maintain oversight of risk and compliance issues) should be asking about the security of their foreign investments in 2017. ...

The Australian Government has announced the launch of a broad inquiry into establishing a Modern Slavery Act in Australia The inquiry will consider whether the introduction of anti-slavery legislation would strengthen and improve Australias current regime to combat slavery If introduced a Modern ...

Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...

In its response to the capability review into ASIC the Federal Government has made a commitment to accelerate the implementation of a product intervention power for ASIC and the product design and distribution obligations for the financial services industry but it left to one side some other ...

Going into the 2013 election the present Government promised a review of the regulatory framework for retirement income streams Today the Government finally released its report It has been a long time coming And while the main outcome - a new category of tax effective pensions and annuities - will ...

Globalisation has created significant benefits for consumers by making products cheaper to purchase It has allowed consumers to access food that is out of season from halfway across the globe or regularly update the model of their phone However the long and complex supply chains that facilitate ...

For more than 150 years trustees have been able to obtain advice from courts on matters affecting the management or administration of trust property and on matters respecting the interpretation of trust deeds Trustees would usually only seek such advice however if they had doubts about a proposed ...