The Independent Inquiry into the Media and Media Regulation handed down its report at the end of February 2012.

This means that physical loss of use is not covered by the Earthquake Commission (EQC) or topped-up by private insurance.

This article discusses capital markets in Australia, including securities, the ASX, takeovers and merger control.

Discusses the introduction of plain packaging legislation in Australia and its impact on trade mark laws.

There has not so far been a Superior Court judgment in Australia for wrongful birth that involves a disabled child.

The window for applying for generic top-level domains (gTLDs) is fast approaching.

The latest Compensation Snapshot from DLA Phillips Fox is now available. Compensation Snapshot is a regular bulletin covering legal developments in Commonwealth workers' compensation.

In the recent decision of AMWU & AWU v Premium Wine Brands Pty Limited [2011] FWA 1328, Fair Work Australia (FWA) ordered a Protected Ballot Action Order (PABO) for the unions to take protected industrial action in circumstances where excessive wage claims were made.

This article discusses aspects of the banking and financial systems in Australia necessary for foreign investors.

The recent case involving the Transport Workers Union of Australia (TWU) and employer JJ Richards & Sons Pty Ltd (JJR) in Fair Work Australia (FWA) gives unions power to use protected industrial action in order to drive an employer to enter into bargaining in circumstances where the formal bargaining regime under the Fair Work Act 2009 (Cth) (FW Act) has not commenced.

The Federal Government’s Corporate and Markets Advisory Committee (CAMAC) last week released a report on members’ schemes of arrangement (Schemes) under Part 5.1 of the Corporations Act 2001 (the Act). The report has solidified the role of Schemes as a legitimate and useful means of effecting non-hostile takeovers. Originally mandated by the Howard Government to advise on the efficacy of the ‘headcount’ test for shareholder approval, CAMAC seized the opportunity to consider in a broader

The Securities Disclosure and Financial Advisers Amendment Bill introduced into parliament last week will undoubtedly streamline fundraising for listed issuers. The Bill follows recommendations made by the Capital Markets Taskforce in November 2008, aimed at facilitating capital raising by listed issuers.

The NSW Court of Appeal decision in Makawe Pty Limited v Randwick City Council [2009] NSWCA 412 confirms that in cases of a novel relationship, the duty of care is to be determined according to a ‘salient features’ test. The decision also deals with the question of what constitutes pure economic loss and raises the possibility of a new interpretation of section 44 of the Civil Liability Act 2002 (NSW).

The decision of Justice Hansen in McAskell v Cavendish Properties Limited [2008] VSC 328 refers favourably to the decision of Justice Byrne in Gunston v Lawley [2008] VSC 97 and provides further guidance on the operation of Victoria's proportionate liability regime under the Wrongs Act 1958 (Vic).

In Advance Earthmovers Pty Ltd v Fubew Pty Ltd [2009] NSWCA 337, the New South Wales Court of Appeal has found that a corporation cannot be considered a 'resident' of a premises and as a result is liable to claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act). The residential exclusion under the SOP Act was deemed not effective against a corporation. The decision clears the way for building contractors to issue claims under the SOP Act to co

When negotiating the price for work or services, parties will often say they are providing a ‘quote’.

There are now new grounds to review decisions made by Adjudicators under the NSW Building and Construction Industry Security of Payment Act 1999 (SOP Act). The Court of Appeal has found that if all of the steps laid down by the SOP Act are not precisely followed, the Supreme Court can determine that there is a breach of the SOP Act processes and possibly overturn an Adjudicator’s determination. The Court has said that the right to be able to go to a Court and complain about a breach of a key par

In Allianz v Waterbrook [2009] NSWCA 224, the NSW Court of Appeal held that no loss was suffered by the subsequent purchaser of a property as they had full knowledge of the defects in the building work at the time of purchase.

Parliament has presented employers with two early Christmas presents: new 90 day trial periods for businesses with fewer than 20 employees, and changes to KiwiSaver, mainly lowering minimum employee contributions and maximum employer compulsory contributions to 2%.

In the US, significant damages can be awarded for failure to comply with or implement privacy policies.