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When is a trust a commercial necessity?
Insight 10 Mar 2015

The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...

Third parties are no bar to arbitration: A win for arbitration?
Insight 07 May 2015

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

2017 Budget: increased scrutiny on competition and accountability in the financial system
Insight 10 May 2017

Treasurer Scott Morrison this week announced that he has tasked the Productivity Commission to review the state of competition in Australias financial system The Budget has also included other measures focused on competition in the financial sector including funding to establish a dedicated ACCC ...

Federal Court sheds new light on public benefit test in Tatts/Tabcorp merger appeal
Insight 11 Oct 2017

The Federal Courts decision about the proposed TabcorpTatts merger has provided significant clarification about the public benefit test for authorisations This is timely in light of the legislation before the Senate that proposes to combine the Tribunal authorisation process with the formal ACCC ...

ASIC Corporate Plan puts cyber resilience high on the agenda
Insight 16 Oct 2017

ASIC's latest Corporate Plan has put cyber resilience high on the agenda ...

Christmas comes early for the AFP and CDPP: Bill introduced to reform foreign bribery laws and introduce DPA scheme
Insight 08 Dec 2017

The Australian Government has introduced the Crimes Legislation Amendment Combatting Corporate Crime Bill 2017 into the Senate which if passed into law will significantly strengthen Australias foreign bribery laws and introduce a Deferred Prosecution Agreement scheme for resolving corporate criminal ...

Australian Modern Slavery Act: Final Report recommends mandatory supply chain reporting with penalties for non-compliance
Insight 14 Dec 2017

After a year-long inquiry a parliamentary committee has recommended that Australia establish a Modern Slavery Act including mandatory reporting for large businesses on modern slavery risks in their operations and supply chains The introduction of a Modern Slavery Act is set to be a game-changer with ...

Proposed Foreign Influence Transparency Scheme to shine light on foreign interests lobbying
Insight 20 Dec 2017

The Federal Government has introduced into Parliament legislation that if passed will create the Foreign Influence Transparency Scheme which will require persons and entities who have arrangements with or undertake activities for foreign principals to meet certain registration obligations The scheme ...

Australian Government proposes new foreign bribery offences
Insight 07 Aug 2017

Australias lack of enforcement of foreign bribery legislation has attracted increasing criticism in recent years but the Federal Government is expected to soon table legislation proposing wide-ranging reforms We look at two key proposed changes for Australian companies ...

Summary dismissal for theft found to be unfair
Insight 01 Nov 2017

A recent decision of the Fair Work Commission has highlighted the importance of ensuring that the decision to summarily terminate an employee's employment is proportionate to their misconduct. ...

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