Allens

24 May 2013

The Victorian Court of Appeal recently held that off-the-plan contracts of sale in Victoria must specify a fixed date by which the plan of subdivision must be registered. As a result, any mechanism in the contract that allows the date to be extended is likely to be invalid. Partner Michael Graves and Lawyer Tim Chislett report.

21 May 2013

As part of the Queensland Government's focus on reducing red tape, amendments to the State's land legislation will limit the involvement of the Department of Natural Resources and Mines in approving various land dealings. A number of other important changes will be implemented, with the aim of streamlining current processes and providing greater certainty to property and infrastructure owners. Senior Associate Liam Chambers and Graduate Tegan Ayling report.

20 May 2013

Consistent with its broader policy of protecting the corporate tax base, the Federal Government announced as part of the 2013-2014 Budget that it will strengthen the thin capitalisation rules to prevent multinationals shifting profits out of Australia. Partner Charles Armitage and Senior Associate Julian Feiner look at the proposals.

20 May 2013

Recent cases in the Federal Court and the Queensland Supreme Court show that courts are continuing to interpret arbitration clauses widely. Partner Nick Rudge and Senior Associate Nicholas Gallina report.

17 May 2013

We report on union eligibility rules; what constitutes an offer of acceptable alternative employment; the consequences of an employee's refusal of a settlement offer; an ATO ruling on ordinary hours of work; and whether a complaint about employment made to an employer can constitute a 'workplace right'.

17 May 2013

As part of the 2013 Budget, the Federal Government has announced several important amendments to the foreign resident capital gains tax regime. A key one is the expansion of the scope of taxable Australian real property assets for shareholdings held by foreign residents. Partner Martin Fry and Law Graduate Chris Lum explain.

17 May 2013

A new standard form of production sharing contract containing significant changes has been issued by the Government of Vietnam for use in Vietnam's upstream oil and gas sector. Partner Marae Ciantar, Senior Associate Theresa Tayabali and Associate Ngoc Anh Tran report.

17 May 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

16 May 2013

The Federal Government's proposed amendments to the immediate deduction for the cost of mining rights and information first used in exploration might be viewed as a disproportionate response to its concern that the section is being applied inappropriately in certain instances. Partner Martin Fry and Lawyer Claire Nicholson explain.

16 May 2013

The New South Wales Supreme Court recently clarified when 'other arrangements' may exist for the purposes of the definition of what constitutes a construction contract. Partner Brian Millar and Lawyers Garrett Williams and Trieste Corby report.

16 May 2013

Since before the operational commencement of the Personal Property Securities Act 2009 (Cth) (the PPSA) in January 2012, and certainly since then, law firms have been settling their position on the many issues it raises. They have also been revising their precedent documentation.

15 May 2013

Major reform of the Vietnamese retail industry will likely provide greater opportunities for foreign investment in one of the most attractive investment destinations for global retailers. Partner Robert Fish, Senior Associate Linh Bui and Lawyers Chi Ha and Mai Loan Nguyen report.

14 May 2013

Legal professional privilege will attach to communications involving inhouse lawyers who are not admitted in Australia but are admitted to practice elsewhere. Partner Nick Rudge and Senior Associate Nicholas Gallina report.

13 May 2013

A new framework proposing a national best practice approach for governments for traditional contracting in infrastructure procurement has been issued. Partner Emma Warren and Lawyer Fiona Borrelli report.

10 May 2013

Sweeping changes to the Victorian Industrial and Commercial zones present opportunities to developers, who will be able to seek out suitable new sites on a broader range of land. Special Counsel Meg Lee looks at the detail of the new controls.

10 May 2013

The recent Resource Capital Fund decision has provided valuable insights into the application of the capital gains tax rules to foreign investors generally, and entities treated as fiscally transparent under the US tax laws in particular. Partner Martin Fry and Law Graduate Chris Lum explain.

10 May 2013

The Coalition released its industrial relations policy yesterday. Overall, the policy does not contemplate radical changes and instead confirms the Coalition's intention to work within the existing industrial relations framework. However, there are several interesting issues arising from the policy, particularly in relation to unions' rights of entry and enterprise bargaining. Partner Simon Dewberry and Senior Associate Rima Hor report on the key proposals.

09 May 2013

The Costello Commission of Audit Report and the Queensland Government's response last week could transform the State's economy by recasting the way the Queensland public sector interacts with the private sector. Partner John Greig examines the main recommendations and the Government's response.

07 May 2013

We look at the fifth edition of the Singapore International Arbitration Centre's rules; the willingness of the Singapore High Court to give effect to pathological arbitration clauses; a case that reinforces the broad discretion of arbitral tribunals in deciding procedure and case management in Hong Kong; whether an agreement to negotiate in good faith in a multi-tiered dispute resolution clause is enforceable in different jurisdictions; and a court's refusal to recognise an arbitral award where the underlying agreement was executed under duress. This issue has been edited by Partner Andrea Martignoni, Special Counsel Nicola Nygh and Senior Associate James Morrison.

03 May 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below.

01 May 2013

In its response to the 'Costello audit', the Queensland Government has signalled that it will look to rationalise its existing asset base. Partner Tony Davies and Senior Associate Anna Vella look at the Government's response to the review with its focus on under-utilised state assets.

30 April 2013

As part of its planning reform agenda, the Queensland Government has released for consultation its draft State Planning Policy. Once finalised, the new policy will replace the existing ones with a single, consolidated document that identifies the state's interests in planning and development assessment. Special Counsel Rosanne Meurling and Senior Associate Michael Zissis look at the draft policy, how it is broader in scope than the existing policies and how it could impact a range of development proposals in the future.

26 April 2013

The Federal Government has recentlylimited the regulation of litigation funding to an obligation to have adequate arrangements in place to manage conflicts of interest. In the latest chapter in this continuing story, ASIC has released a Regulatory Guide that 'fleshes out' what it considers funders must do to comply with that obligation. Partner Jenny Campbell and Senior Associate Mark Hare report.

24 April 2013

Companies listed in the EU and large private companies in the EU that operate in the extractives and logging industries will need to report on payments made to host governments, both on a country and project basis, under a new EU legislative proposal that is part of a trend towards improving transparency in the extractives sector. Compliance costs will be significant and companies need to start preparing now, as Partner Anthony Patten, Senior Associate Dora Banyasz and Lawyer Raquel Dos Santos report.

24 April 2013

This paper contains details of the submissions prepared by Allens for the purpose of addressing the proposed amendments outlined in the Fair Work Amendment Bill 2013.

23 April 2013

Although still light on specifics, a policy articulating China's plans for the development of its coalbed methane reserves has signalled the PRC Government's intention to encourage foreign investment as a way of dealing with the national demand for clean energy. Partner Kate Axup, Senior Associate Wayne Wang and Trainee Solicitor Alice Mok look at the policy's changes that are relevant to international oil and gas companies.

23 April 2013

Although there is bipartisan commitment to reducing Australia's greenhouse gas emissions to 95 per cent of their 2000 levels by 2020, the current Government and Opposition policies for achieving this are very different. The forthcoming Federal election, and the recent collapse in the price of European Union emissions trading scheme allowances, means that a review of the Opposition's Direct Action Policy is timely. Partner Grant Anderson reports.

23 April 2013

Foreign investment in Mongolia fell away dramatically after the Mongolian Government last year introduced laws regulating foreign investment into strategically important business areas as well as investment by state-owned entities. Now the Government has introduced amendments which soften some of those restrictions in an effort to again encourage inbound capital. Partner David Wenger and Lawyer Anthony Lepere look at the amendments andtheir significance to foreign investors.

19 April 2013

The Victorian Court of Appeal has held that documents belonging to government Ministerial advisers may, in some circumstances, fall within the definition of 'an official document of a Minister' and, accordingly, be subject to the right of access under freedom of information legislation. Partner Alex Cuthbertson and Lawyer Emma Reilly report on this decision and its implications.

19 April 2013

In the much-awaited decision of Kiobel v Royal Dutch Petroleum Company, the US Supreme Court has determined that the Alien Tort Claims Act cannot be used to bring claims for alleged violations of customary international law where the relevant conduct occurs outside the US. The court remained silent on the question of whether corporations can be held liable for breaches of customary international law under the statute. Partner Louise Jenkins, Senior Associate Dora Banyasz and Lawyer Freya Dinshaw report.

19 April 2013

We report on the clarification of when an 'arrangement' could meet the transfer of business test; changes to the Fair Work legislation; under what circumstances a termination payment is a genuine redundancy payment; issues when seeking to stay a reinstatement order; and policy requirements for avoiding vicarious liability for an employee's unlawful sexual harassment.

19 April 2013

Media reports have indicated that the European Union is expected to lift all sanctions on Myanmar next week, with the exception of the embargo on arms, in recognition of the 'remarkable process of reform' in the country. The Allens and Linklaters Myanmar team report on this important development.

19 April 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

18 April 2013

The Queensland Supreme Court has further clarified the requirements for payment claims under the Building and Construction Industry Payments Act, sending mixed messages to the wider construction industry. Partner Ren Niemann and Lawyers Matt Thomas and Goran Gelic report on this decision and its implications.

18 April 2013

With implementation of the EU Directive on Alternative Investment Fund Managers fast approaching, Australian fund managers will soon need to pay close attention to the do's and don'ts of marketing alternative investment funds to investors resident in the EU. Partner Marc Kemp, Senior Associate Geoff Sanders and Lawyer Eleanor Khor investigate what the Directive means for Australian managers seeking to raise funds from institutional investors in the EU.

17 April 2013

The New South Wales Court of Appeal has recently confirmed the principles underpinning the exercise of a court's discretion to adopt, vary or reject a referee's report. The decision highlights the limited basis on which such a decision can be challenged, particularly when the challenge relates to factual findings made by a referee. Partner Brian Millar, Senior Associate Lee Moore and Lawyer James Gonczi examine this decision.

15 April 2013

The Victorian Supreme Court has recently clarified the circumstances in which a court will be prepared to make orders requiring class closure, as well as related orders converting a class from 'open' to 'closed'. Partner Belinda Thompson and Senior Associate Kate Austin examine this development and its implications for parties to class actions.

10 April 2013

A recent NSW Supreme Court case highlights the importance of being aware of time periods (especially around holiday periods) in relation to progress payment claims. Partner Michael Hollingdale and Law Graduate Emma Cundale look at the consequences of a failure to adhere to the strict requirements for the service and response to progress payment claims.

09 April 2013

The number of days lost to industrial disputes increased sharply in 2012. Partners Anthony Arrow and Simon Dewberry spoke to BRR Media about the likely reasons behind the increase, the lessons learned, and how businesses can manage industrial relations risk.

09 April 2013

The fast pace of reform continues in Myanmar, creating significant opportunities for foreign investors. Partner Marae Ciantar spoke to BRR Media about the recent and upcoming developments in the oil & gas and telecommunications sectors, and what investors can do to prepare.

05 April 2013

In its first decision addressing proportionate liability in detail, the High Court has suggested a relatively broad approach to identifying 'concurrent wrongdoers'. This will be welcomed by professional advisers and their liability insurers. Partner Andrea Martignoni, Senior Associate Andrew Byrne and Lawyer Sally Keenan report.

05 April 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

03 April 2013

The Federal Government has approved the first uranium mine in Western Australia, representing a step forward in the future direction of uranium mining in Australia. The approval of the Wiluna Project, subject to a number of conditions, comes at a time of increasing interest in Australia's uranium mining sector. Partner Jodi Reinmuth and Senior Associates Emily Gerrard and Mark McAleer look at the approval in more detail.

03 April 2013

An issue for Australian Capital Territory landlords, of not being able to register leases involving trustees, even where the lease simply includes a limitation of liability clause, is now resolved. Special Counsel Christine Adamson and Law Graduate Tegan Ayling report.

03 April 2013

Landlords will be comforted by a recent decision in the Victorian Supreme Court that held that a tenant could not prevent a landlord dealing with money drawn down under a bank guarantee. Partner Tony Davies and Law Graduate Carissa Smith report.

02 April 2013

With the release of its long-term development plan, Public Transport Victoria has identified a raft of projects and operational improvements for the Melbourne metropolitan rail network covering a period of more than 20 years. Partner Paul Kenny and Special Counsel Julie Freeman report.

02 April 2013

In response to a final report into Australia's interactive gambling legislation, the Federal Government has pinpointed harm minimisation and consumer protection as a necessary first step before further reforms can be considered. Partner Ian McGill, Senior Associate Robert Munoz and Lawyer Matthew Tracey examine the scope of the report's recommendations.

28 March 2013

A unanimous decision of the Full Federal Court means that online simulcasts of radio programs are not 'broadcasts', meaning traditional radio broadcasters will need to obtain separate licences from, and pay additional royalties to, copyright owners to transmit radio programs on the internet. Partners Ian McGill and Miriam Stiel and Senior Associate Nathan Shepherd report on the case and its ramifications.

27 March 2013

The Victorian Supreme Court has recently confirmed that its approval is required for the settlement of a substantive claim within a class action. The court also held that, in certain circumstances, group members need not be given notice of a proposed settlement, especially where a claim has no real prospects of success. Partner Duncan Travis, Senior Associate Susie Stone and Lawyer Sheree Rubinstein report on the decision and its implications.

27 March 2013

In brief: Even where no market in Australia is affected, a recent Federal Court decision highlights that certain conduct may breach the new cartel provisions of Australia's competition and consumer legislation. Partner Michael Schoenberg, Senior Associate Tim Maxwell and Lawyer Angela Gibbs provide an overview of the decision.