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WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
Insight 21 May 2015

The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

Full Federal Court rules against agreed civil penalties
Insight 04 Jun 2015

Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...

Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...

ASIC clamps down on SMSF advice
Insight 25 Jul 2015

ASIC has outlined its expectations for financial advice where the client is advised to set up a self-managed superannuation fund ASIC has done so in two publications released yesterday - one deals with the risks associated with SMSFs information sheet 205 and the other with the costs information ...

The beginning of the end of the unit trust's monopoly?
Insight 03 Jul 2015

It is surprising the Federal Government did not make more of its release on 4 June of the Board of Taxations report on tax arrangements applying to collective investment vehicles We can only assume that the government was slightly embarrassed that the report handed to the previous government in 2011 ...

The UK's focus on personal accountability for bank employees: a sign of things to come?
Insight 04 Sep 2015

Last month we discussed the carrot in the UK Parliamentary Commission on Banking Standards - how the regulators are making sure remuneration for bank staff encourages prudent risk behaviour This month we are looking at the stick - how the UK is strengthening regulators enforcement armoury to enable ...

The beginning of the end of the unit trust's monopoly? A look at limited partnerships
Insight 06 Oct 2015

Board of Taxation's report on tax arrangements applying to collective investment vehicles, released by the Federal Government on 4 June 2015. ...

Plan Melbourne: refresh of Victoria's metropolitan planning strategy
Insight 16 Nov 2015

Housing affordability climate change and energy efficiency are key focuses of the discussion paper recently released by the Victorian Planning Minster which aims to refresh the current Melbourne Metropolitan Planning strategy Plan Melbourne The paper draws upon the detailed report prepared by the ...

The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

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 ...

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