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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 fiduciary duty of mortgage brokers?
Insight 05 Nov 2014

There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...

Productivity Commission - Access to Justice Arrangements report and recommendations
Insight 05 Dec 2014

The Access to Justice Arrangements report proposes broad-ranging reforms to our civil justice system with the aim of improving access to justice Partner Belinda Thompson and Lawyer Annie Santamaria highlight some recommendations which also have the potential to impact more broadly on Australias ...

Changes to the rules governing foreign investment in Australian agriculture
Insight 13 Feb 2015

The Australian Government has announced that from 1 March 2015 acquisitions of agricultural land worth more than A15 million and any additional acquisitions over and above that amount will require government approval It will also establish a foreign ownership register of agricultural land ...

Distressed debt M&A - share transfers without a scheme
Insight 17 Feb 2015

The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...

Important clarifications of Australian trade mark registrability
Insight 16 Feb 2015

Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...

Babcock & Brown - a market disclosure claim decided
Insight 10 Mar 2015

The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...

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. ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

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 ...

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