ArticlePersonal Property Securities Act - Impact on Energy and Resources ProjectsCompanies need to consider if security interests in their project assets should be registered on the new PPS register.AustraliaFinance and BankingGadens Lawyers
ArticleDisclosure in NSW Equity Division - The new Supreme Court Practice Note explainedThe court will not permit disclosure of documents until after parties have prepared and exchanged witness statements.AustraliaLitigation, Mediation & ArbitrationGadens Lawyers
ArticlePolitical Donations Disclosure - The Death Of The Proverbial Brown Paper Bag??On 15 September 2008, new laws will commence requiring DAs and rezoning applications to be accompanied by a declaration disclosing political donations and certain gifts over $1000.AustraliaGovernment, Public SectorGadens Lawyers
ArticleWill you shut your business over the festive season?Employers need to consider whether they intend to shut down their business over the Christmas and New Year period.AustraliaEmployment and HRGadens Lawyers
ArticleCredit Representatives’ AuthorisationsConfused about the scope of credit representatives’ authorities? Can credit reps lodge deals off panel? Many credit reps have been appointed by aggregators or master brokers. Most brokers operate through a family company (primarily to avoid employee/employer issues). In these cases both the company and the individual need to be appointed as credit reps. This differs from the Australian Financial Services Licence (AFSL) regime, because the AFSL regime does not have the concept of ‘intermediaryAustraliaFinance and BankingGadens Lawyers
ArticleCivil Dispute Resolution Bill Introduced into Parliament to Force Early SettlementOn 16 June 2010, the Attorney-General Robert McClelland, introduced the Civil Dispute Resolution Bill into Parliament. The Bill's purpose is to promote a move away from the often stressful, expensive adversarial culture of litigation by requiring litigants to take genuine steps to resolve their legal disputes before commencing court proceedings.AustraliaLitigation, Mediation & ArbitrationGadens Lawyers
ArticleWorkplace Relations Update: Fair Work Wage Review and Modern AwardsOn 3 June 2010, the Minimum Wage Panel of Fair Work Australia handed down its inaugural annual wage review determination, awarding an increase of $26.00 per week to the rates of pay for employees covered by modern awards and Division 2B enterprise awards. Importantly, the Minimum Wage Panel did not increase the rates of pay for employees covered by Division 2B State awards. AustraliaEmployment and HRGadens Lawyers
ArticleSecurity of payment alert: termination of building and construction contracts and the subsequent limitations on security of payment rightsRecent decision of Walton in Queensland gives respondents additional defence to payment claims. AustraliaCorporate/Commercial LawGadens Lawyers
ArticleBest Endeavours Vs Reasonable Endeavours - Why The Fuss?A contract will often impose an obligation on a party to use best endeavours or reasonable endeavours in relation to some act or thing eg. an obligation to "obtain finance". AustraliaCorporate/Commercial LawGadens Lawyers
ArticleAre you flying into danger with your workplace investigations?An employer must ensure that the investigative process is robust and that all involved are given procedural fairness.AustraliaEmployment and HRGadens Lawyers
ArticleApplication of formulas for the variation of recurrent charges: Contract remains KingA recent case decided in the NSW Consumer, Trader & Tenancy Tribunal (CTTT) has served as a warning for operators to ensure that the formula for variations in recurrent charges are set out clearly and unambiguously in their village contracts in compliance with the Retirement Villages Act 1999 (NSW) (Act) and the Retirement Village Regulations 2009 (NSW) (Regulations).AustraliaLitigation, Mediation & ArbitrationGadens Lawyers
ArticleBut wait… there's more! Unfair contract terms to be extended to insurance contractsGovernment to explore options for extension of unfair contract terms to insurance.AustraliaInsuranceGadens Lawyers
ArticleHow Bright Is The Green Star? Issues With The Green Building Council Of Australia´s Green Star Certification AgreementSince its launch in 2002, the Green Star Certification scheme, which evaluates the environmental design and achievements of buildings, has proven its value in the property industry. However, despite its popularity there are a number of significant problems with the standard form Green Star Certification Agreement.AustraliaReal Estate and ConstructionGadens Lawyers
ArticleAre covered bonds the new black?The Federal Government’s proposed banking reforms announced on 12 December 2010 placed covered bonds back on the Australian agenda as a more transparent and reliable source of debt funding for Approved Deposit Institutions (ADIs). AustraliaFinance and BankingGadens Lawyers
ArticleSocial Finance in Australia: Finding funding for the not-for-profit sectorA recent Senate report discusses developing a robust social finance and investment structure in Australia.AustraliaCorporate/Commercial LawGadens Lawyers
ArticleRelease of draft Standard Form NSW Retirement Village Contract – Have Your SayThe standard form contract will be mandatory and operators must use the standard form for all new village contracts.AustraliaCorporate/Commercial LawGadens Lawyers
ArticleA framework for charity regulation in Australia: Draft legislation establishing the Australian Charities and Not for Profits Commission releasedTreasury released exposure draft for legislation to establish the Australian Charities and Not for Profits Commission.AustraliaCorporate/Commercial LawGadens Lawyers
ArticleContract and information disclosure options for retirement villages in Victoria – have your sayMinister releases a discussion paper for a better understanding of retirement villages in Victoria. AustraliaEmployment and HRGadens Lawyers
ArticleNo Privilege to be an In-House Lawyer in the European UnionOn 14 September 2010, the European Court of Justice (ECJ) refused to extend legal professional privilege (LPP) to internal company communications with in-house lawyers in the case of Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others (C-550/07 P, 14 September 2010).AustraliaInternational LawGadens Lawyers
ArticleASX Proposal For Non-Voting SecuritiesThe Australian Securities Exchange (ASX) has issued a public consultation paper and invited feedback on a proposal to allow listed companies to issue and trade in non-voting ordinary shares.AustraliaFinance and BankingGadens Lawyers