A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...

As 2019 draws to a close, it is almost 6½ years since the ban on conflicted remuneration commenced, and a little over 12 months until the grandfathering of said remuneration ends. Senior Regulatory Counsel Michael Mathieson reports. ...

ASIC Report 639 Financial advice by superannuation funds was published on 3 December. It examines the ways in which superannuation funds provide financial advice to members and the overall quality of personal financial advice obtained through funds. ...

Anyone with even a passing professional interest in superannuation and funds will be familiar with 'RG 97'. For the last five years or so, the industry has been struggling to make sense of what information is required to be disclosed in a PDS and periodic statement for a superannuation fund or managed investment scheme. ASIC promised a 'facilitative approach' to supervision and Darren McShane (an independent expert) was appointed by ASIC to make recommendations to improve the regime. ...

Born from a desire to empower Vietnamese women to escape family violence, HopeBox provides employment opportunities and support for women who have experienced abuse. Earlier this year, our team in Hanoi assisted HopeBox apply for and ...

The Productivity Commission is examining resources sector regulation, with a focus on identifying opportunities to simplify approval processes without compromising environmental standards or ...

Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a ...

The global fintech team has contributed to a Year in Review and Year to Come. In this report, teams from 16 countries including Australia have summarised legal and commercial developments in the ...

The demand for plant-based 'meat' alternatives is predicted to grow. As with any new industry, there is a series of regulatory issues that businesses should carefully navigate at the early planning phase. This is to avoid encountering issues down the track that may affect the marketing and supply of such products in Australia. ...

Australia's modern slavery reporting regime was introduced one year ago, and 2020 will see the first set of modern slavery statements published by reporting entities. This is, therefore, a timely ...