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  • Article

    ASX Proposal For Non-Voting Securities

    The 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 Banking
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Franchisors Can Now Breathe - High Court Decides Ketchell

    The High Court handed down its decision in the Ketchell case on 27 August 2008, overturning the New South Wales Court of Appeal's decision and confirming that a breach of the Franchising Code of Conduct in failing to obtain a legal sign off, does not mean the contract is dead.
    AustraliaCorporate/Commercial Law
    Gadens Lawyers
    Gadens Lawyers
  • Article

    ATO Gives Green Light To Guarantees By Members Of Self-Managed Superannuation Funds

    The ATO has issued a draft taxation ruling which, if finalised, will effectively end the debate over whether or not loans to self-managed superannuation funds can be guaranteed by a member of the superannuation fund in their own right.
    AustraliaFinance and Banking
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Franchising Update: ACCC Releases Guidance Publications for Franchising Code

    On 1 July 2010 the Trade Practices (Industry Codes – Franchising) Amendment Regulations 2010 commenced, giving effect to the Franchising Code reforms. The Australian Competition Consumer Commission recently released a number of publications to assist franchisors and franchisees to understand their obligations under the Franchising Code of Conduct.
    AustraliaAntitrust/Competition Law
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Protecting Policyholders - Financial Claims Scheme Modified - How The Changes Affect You...

    The Insurance Amendment Regulations 2009 (No.1) (Regulations) were released on 29 October 2009.
    AustraliaInsurance
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Consequential Loss in Commercial Contracts:

    The recent NSW Court of Appeal decision in Allianz v Waterbrook [2009] NSWCA 224 (‘Allianz’) considered the meaning of 'consequential loss' when that legal phrase is not further defined in an exclusion clause.
    AustraliaCorporate/Commercial Law
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Commonwealth To Take Control Of Consumer Protection

    The Commonwealth is likely to take control of consumer protection following proposals to amend the Trade Practices Act and hand over responsibility for many areas covered by the state's Fair Trading Acts. Importantly, the proposals include the power to review unfair contract terms, including terms in loan contracts.
    AustraliaConsumer Protection
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Common sense prevails at Fair Work Australia

    Fair Work Australia found that the dismissal of an employee for climbing into a compactor was not unfair.
    AustraliaEmployment and HR
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Setting Aside Statutory Demands; An Exception To The General Rule

    A company may apply to set aside a statutory demand where there is a 'genuine dispute' about the existence or amount of the debt. Numerous cases have considered the meaning of 'genuine dispute' and the issue is not always clear.
    AustraliaCorporate/Commercial Law
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Sons Of Gwalia Decision - No Need To Panic

    In the Sons of Gwalia case, the High Court has confirmed, in a 6 to 1 majority, that some claims by a shareholder are not postponed to those of unsecured creditors in the winding up of a company. Why this case is important?
    AustraliaCorporate/Commercial Law
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Court Decision In Hainbury v Campbelltown Council Sends A Welcome Message To Councils And A Warning To Developers, In Relation To S.82A Reviews Of Council Decisions

    Applicants and developers have often resorted to section 82A of the Environmental Planning and Assessment Act to seek an internal review of a council's decision relating to a DA.
    AustraliaReal Estate and Construction
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Retail Lease Disputes: Full Time Looming in Sarker and Skiwing

    The recent decisions in World Best Holdings Ltd v Sarker [2010] NSWCA 24 and Skiwing Pty Ltd v Trust Company of Australia Limited [2010] NSWADT should bring to an end two of the longest running retail lease disputes of recent times. Borrowing some of the language of the World Cup, the stacked defences run by the tenant Sarker on the one hand and by the landlord Trust Company on the other have proved impossible to break down.
    AustraliaReal Estate and Construction
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Federal Budget effects on Aged Care

    In the Federal Budget delivered on 10 May 2011, several announcements were made that will affect the aged care sector particularly those operating as not-for-profit organisations. These include:
    AustraliaTax
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Towards Commonwealth regulation of credit: National Consumer Credit Protection (NCCP) update

    A short status report on the move towards the Commonwealth regulation of credit.
    AustraliaConsumer Protection
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Safely investigating employee issues

    Mismanagement of the investigation caused psychological injury, which entitled the employee to workers compensation.
    AustraliaEmployment and HR
    Gadens Lawyers
    Gadens Lawyers
  • Article

    The Next Step: Public Consultation for a National Not-For-Profit Regulator

    On 21 January 2011, the Commonwealth Assistant Treasurer released a scoping study for public consultation inviting submissions from stakeholders in relation to design options for a national not-for profit (NFP) regulator.
    AustraliaFinance and Banking
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Health and aged care sectors now eligible for Green Star recognition

    Green Building Council of Australia (GBCA) has recently released Green Star certification tools for healthcare and multi unit residential developments. This represents a valuable opportunity for developers and operators to maximise the benefits derived from energy efficiency and sustainability initiatives ...
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Reforms to NSW Retirement Villages Act – Implications For Operators and Lenders

    On 14 August 2006, the New South Wales Minister for Fair Trading, Diane Beamer, announced, by media release, the likely changes to be made to the NSW Retirement Villages Act (the Act).
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Gadens Lawyers
    Gadens Lawyers
  • Article

    To ‘477(2B)’ or not to be

    Do liquidators have to obtain approval of the court, committee of inspection or the creditors to enter into costs agreements with their lawyers?
    AustraliaCorporate/Commercial Law
    Gadens Lawyers
    Gadens Lawyers
  • Article

    National Code Of Practice For The Construction Industry – Workplace Relations Impact Of New Implementation Guidelines

    In 1997, the Commonwealth, State and Territory Governments published the National Code of Practice for the Construction Industry (Code).
    AustraliaEmployment and HR
    Gadens Lawyers
    Gadens Lawyers

Showing 161–180 of 673 results

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