ArticleWhen is a Release Not a Release?Whether settlement terms operate as a release of obligations depends upon the proper construction of the document. .AustraliaFinance and BankingAddisons
ArticleAustralia Announces Royal Commission Into Aged And Disability Care SectorThe Australian Prime Minister has announced the establishment of a Royal Commission into the Aged and Disability Care sector.AustraliaFood, Drugs, Healthcare, Life SciencesClyde & Co
ArticlePresentation of bankruptcy petition means that the Farm Debt Mediation Act will not prevent creditors pursuing rights related to a farm mortgageThe Bankruptcy Act 1966 (Cth) has priority over the FDM Act where the requirements of section 5 of the FDM Act are met.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticlePrevention Is Better Than CureThe importance of keeping your ASIC details up to date. Increasingly, it seems that more solvent companies are being placed into liquidation by default. AustraliaInsolvency/Bankruptcy/Re-StructuringMoore Australia
ArticleProtecting assets in self-managed super fundsA reminder to keep your corporate affairs separate from your personal financial affairs. .AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleFI: UK decision provides guidance for FIs with Mitigation Costs clausesA discussion of Standard Life Assurance Ltd v Ace European Group [2012] EWHC 104 (Comm).AustraliaInsuranceNorton Rose Fulbright Australia
ArticleLife insurers on life support: Proposed reforms threaten industry business modelsASIC will be given new powers to set caps on life insurance commissions and enable "clawbacks" of commissions paid.AustraliaInsuranceCorrs Chambers Westgarth
ArticleBetter management of disputes crucial for infrastructure deliveryInfrastructure delivery is becoming an increasingly critical issue for all governments in Australia, so it is imperative that they explore as many innovative mechanisms to deliver their infrastructure commitments.AustraliaLitigation, Mediation & ArbitrationClayton Utz
ArticleDebt and finance disputes on the rise: How your business can balance its litigation riskMany risks arise from a combination of increasing interest rates, ATO enforcement action and general market uncertainty.AustraliaLitigation, Mediation & ArbitrationHolding Redlich
ArticleDuty of care clarified for NSW lendersA NSW case confirms that lenders do not owe a general duty of care to advise a borrower on the viability of investments.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers
ArticleSecurity-of-Payment Legislation In AustraliaAustralia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projectsAustraliaLitigation, Mediation & ArbitrationJones Day
ArticleNew Commercial Leasing Code of Conduct – have you considered GST treatment?Landlords should ensure that any potential deferral or reduction of rent will operate as intended from a GST perspective.AustraliaReal Estate and ConstructionMcCullough Robertson
ArticleNSW Government extends COVID-19 leasing protectionsThe COVID-19 retail and commercial leasing protections and relief in NSW are extended until 31 December 2020.AustraliaReal Estate and ConstructionHolding Redlich
ArticleWhat is a statutory charge in the building and construction industry and when is it useful?A statutory charge allows a creditor to claim debts from the principal if delayed or not paid by the sub-contractor.AustraliaReal Estate and ConstructionMellor Olsson
ArticleManaged Investment Trusts - Have you Completed the MIT Capital Account Election Form yet?Time is running out! The MIT capital account election form needs to be completed by 2 September 2010. If a MIT is eligible to make an election, but has not done so by the relevant date, any gains or losses on the disposal of eligible assets will be treated on revenue account.AustraliaStrategyMoore Australia
Article2016 Budget changes – more changes are in place but beware the backflipsSome 2016 Budget reforms previously announced have now been implemented, but two draft measures have been removed.AustraliaTaxCooper Grace Ward
ArticleATO clarifies views on SMSF borrowing (LRBA) and non-arm's length incomeTD 2016/16 provides some more clarification on ATO views about when the NALI rules will apply to a related party LRBA.AustraliaTaxCooper Grace Ward
ArticleAustralian Securities And Investments Commission v FIIG Securities Limited: Civil Penalties For Financial Service Licence Holder With Inadequate CybersecurityIn the first decision of its kind in Australia, the Federal Court of Australia has awarded a civil penalty of A$ 2.5m (US$ 1.77m) and costs of A$ 500k (US$ 350k) against an Australian financial services licence holder due to serious and sustained cybersecurity failings. AustraliaTechnologyKennedys
ArticleLicensing Comes To The Crypto IndustryYesterday the Australian Federal Government released its proposal paper on regulating the crypto industry (Paper). The government proposes to regulate exchanges, custodians and otherAustraliaTechnologyK&L Gates