41-50 of 342 results

Laundy v Dyco – 'carrying on a business' when the law changes suddenly
Insight 23 Mar 2023

The High Court, in recently considering the construction of a contract for the sale of the property and assets of a hotel business affected by the COVID-19 pandemic. We explain this important decision and its implications. ...

Dispute Resolution Boards: appointing DRB members and encouraging the diverse next generation of board members
Insight 09 Mar 2023

In this Insight, we discuss the contractual structure governing the appointment of DRB members, how members are usually appointed, and possible modifications to the appointment process to reduce barriers for new entrants and increase the diversity of candidate pools and, consequently, DRBs. ...

Five questions on the minds of future-focused in-house counsel
Insight 06 Mar 2023

In this Insight, we explore what’s front of mind for innovative legal professionals and share some practical examples of what leading legal functions are doing to improve legal service delivery in their organisations. ...

Three ways to avoid construction project disputes
Insight 01 Mar 2023

Three ways to avoid construction project disputes ...

Planning for fair winds ahead: key risks for disputes in the Australian offshore wind industry
Insight 29 Nov 2022

In this Insight, we outline some of the key risks which might give rise to disputes and how those risks can best be managed as Australia aims for fair winds ahead. ...

Is a change (to a stapled structure) as good as a (tax) holiday?
Insight 21 Oct 2022

In the second case to consider the general anti-avoidance rule contained in Part IVA since it was amended in 2013, a single judge of the Federal Court has held that the overall restructuring of a loan securitisation business from a corporate group to a corporate group and a separate trust group, which ultimately became a stapled structure, was legitimate and not rendered ineffective for income tax purposes. ...

A success for successor fund transfers – court finds that secret commission offence provisions do not apply
Insight 20 Oct 2022

A recent decision in the Queensland Supreme Court should provide confidence to superannuation funds seeking to engage in successor fund transfers (SFTs) that they will not need to obtain the prior assent of the court or members before proceeding with the transaction, at least where Queensland and Victorian laws apply. ...

The resurrection of rise and fall mechanisms in infrastructure contracts
Insight 06 Oct 2022

Against the backdrop of the war in Ukraine, ongoing supply chain challenges associated with COVID-19 and a red-hot infrastructure market, 2022 was the year that Australian contractors firmly rejected the traditional approach to input cost risk allocation. ...

Shell Energy Holdings v Commissioner of Taxation: the end of the 'exploration' journey
Insight 16 Sep 2022

On Friday 9 September 2022, the High Court rejected the Commissioner's application for special leave to appeal against the decision of the Full Federal Court in FCT v Shell. So ends the long journey that was the Commissioner's attempt to confine the meaning of 'exploration' to the mere discovery of a resource. ...

Aged care reform: back on the agenda
Insight 05 Aug 2022

In this Insight, we focus in on the key regulatory enforcement and provider governance reforms to be implemented under the Royal Commission Response Bill and the implications for approved providers. ...

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