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 ...

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 ...

The exposure draft Bill for the taxation of 'attribution managed investment trusts' has been received with much derision. We consider the key implications ...

Robo advice is another one of these phrases that we are suddenly seeing everywhere The idea offers some exciting opportunities for advice providers What are the regulatory issues And how can lawyers help ...

The level of public interest and popular support for regulation targeting excessive surcharging makes card payment regulation likely to be one of the first areas of reform following the publication of the Final Report of the Financial System Inquiry the FSI Report ...

In the aftermath of the global financial crisis governments and regulators have been busy identifying ways to better protect the financial system from future shocks Among these are measures for arming financial regulators with a more comprehensive crisis management toolkit Of particular concern are ...

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 ...

The recent settlement of the Great Southern class action raises a number of interesting and important issues not only because the court took the unusual step of publishing its reasons for judgment after the settlement had been announced ...

Australia has imposed sector-wide prohibitions on a range of imports to exports from and commercial activities with Russia Crimea and Sevastopol Partner Rachel Nicolson Associate Andrew Wilcock and Law Graduate Alice Crawford report on how these sanctions will impact on companies engaged in business ...

Key cyber risks faced by ASICs regulated population as well as the legal and compliance obligations to manage those risks are highlighted in a new ASIC report ASIC also identifies steps entities can take to address the risks The report marks a growing focus on cyber security issues by ASIC which is ...