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The latest from the High Court on contractual interpretation
A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...
Productivity Commission's proposed alternate default models for superannuation
In the latest and undoubtedly most significant of its reports into the design of default superannuation arrangements in Australia the Productivity Commission yesterday released its Draft Report in relation to Superannuation Alternative Default Models Partner Geoff Sanders of the Allens ...
House of Representatives passes misuse of market power Bill
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 ...
Review of climate change policies discussion paper
Following the release of the terms of reference for the 2017 climate change policy review in December 2016 the Federal Government has recently released its climate change policy review discussion paper for public consultation Partner Andrew Mansour Senior Associate Emily Gerrard and Lawyer Holly ...
Treasury consultation paper flags changes to stapled structures
Stapled structures have been used as an investment platform in the property and infrastructure sectors for decades and more recently have been deployed into renewable energy agriculture and other areas Through the issue of its Taxpayer Alert on stapled structures on 31 January 2017 the ATO indicated ...
25 years of class actions
Class action risk is changing A new wave of entrepreneurialism by plaintiff lawyers and litigation funders has substantially changed class action dynamics in recent times The 25th anniversary of the class action regime is a good opportunity to reflect on whether in the light of those and other ...
Crowd sourced equity funding to gain traction with new legislation
After a difficult journey both Houses have passed the Corporations Amendment Crowd-sourced Funding Bill 2016 - introducing a new funding avenue for Australian startups and an opportunity for retail investors to access equity in emerging companies ...
Is hourly billing for liquidators back?
The NSW Court of Appeal has recently considered the basis on which liquidators reasonable remuneration should be determined Partner Chris Prestwich Senior Associate Przemek Kucharski and Lawyer Kane Kersaitis report on the decision in Sanderson as Liquidator of Sakr Nominees Pty Ltd in liquidation v ...
Innovative Superannuation Income Streams - at last
Earlier today Treasury released exposure draft regulations for Innovative Superannuation Income Streams They set out income stream standards that will be relevant for products such as deferred annuities and group self-annuitised products The Allens Superannuation team reports ...
Sanctions: The 5 questions your board and executives should be asking in 2017
Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...