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UK Supreme Court counters High Court on penalties
Insight 19 Nov 2015

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

You've got to be perfected - Equipment leasing and the PPSA
Insight 07 Mar 2016

A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...

Allens Accelerate: FAQs: Shareholders agreements
Insight 15 Jun 2016

Together with your companys constitution a shareholders agreement provides the foundation for the corporate governance of your startup and outlines what a shareholder can and cant do It also sets out the shareholders rights and obligations and their role in the management of the company ...

Term of mutual trust and confidence not implied into Australian employment contracts
Insight 10 Sep 2014

A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...

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. ...

Update strengthens legal avenues for online copyright rights holders
Insight 24 Apr 2015

Telecommunications industry body the Communications Alliance has submitted an updated Copyright Notice Scheme to allow rights holders to better use existing legal avenues to defend their rights The updated Notice Scheme resolves a number of issues that were left open when the first draft of the ...

Federal Court judgment in the Chevron transfer pricing case
Insight 10 Nov 2015

The Federal Courts much-anticipated judgment in emChevron Australia Holdings v Commissioner of Taxationem is the next important step in the development of Australias transfer pricing rules Partners Martin Fry and Toby Knight discuss certain implications of the decision ...

What next after FATF's mixed review of Australia's anti-money laundering and counter-terrorism financing regime?
Insight 11 May 2015

The Financial Action Task Force has released its report on the effectiveness of Australias anti-money laundering and counter-terrorism financing regime focusing on the extent to which it complies with international standards The reports findings and recommendations come at a key stage in the ...

Release of exposure draft of mandatory data breach notification laws
Insight 08 Dec 2015

The Federal Government has taken the first step in fulfilling its promise to introduce a mandatory data breach notification scheme Under an exposure draft of the proposed legislation companies will be required to notify the Office of the Australian Information Commission and affected individuals of ...

Clarification on the meaning of 'personal information'
Insight 01 Feb 2016

The AAT has overturned the Grubb determination of the Commonwealth Privacy Commissioner and found that mobile network data from an individual's phone activity does not constitute 'personal information' under the Privacy Act ...

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