In the recent case of Dollars & Sense Finance Limited v Rerekohu Nathan [2008] 2 NZLR 557, the Supreme Court sent a warning to lenders and their solicitors – tread carefully to ensure that you do not inadvertently appoint an agent whose actions you may be responsible for.

The recent unanimous judgment of the Full Federal Court in Australian Securities and Investments Commission v Narain [2008] FCAFC 120

As part of the Federal Government’s broad corporate insolvency reform package, Corporate Law Minister Chris Bowen has announced that the Federal Government will amend the Corporations Act 2001 (Cth) (the Act) to override the effect of the High Court’s decision in Sons of Gwalia v Margaretic [2007] HCA 1 (Sons of Gwalia).

The recent Alinta and Australian Pipeline Limited decision of the Full Court of the Federal Court has resulted in uncertainty as to the powers of the Takeovers Panel to adjudicate disputed matters between takeover parties.

The Employment Relations (Breaks and Infants Feeding) Amendment Act has received royal assent, not only introducing mandatory breaks for all employees but also controversially altering the KiwiSaver legislation under urgency without public consultation and as a change to this Amendment Act - the title and content of which is totally unrelated.

On Thursday, 9 July 2009, ASIC issued Class Order Relief permitting superannuation fund trustees and financial advisers to give more information and advice (intra fund advice) to members about their existing interests in their superannuation funds.

The WA Environmental Protection Authority (EPA) has released its ‘Review of the Environmental Impact Assessment Process in Western Australia’ which contains recommendations for the reform of the State’s impact assessment processes.

The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 has introduced changes to superannuation splitting arrangements under family law.

The Securities Regulations 2009 come into effect on 1 October 2009. In addition to introducing regulation for simplified disclosure prospectuses (allowing a simpler disclosure document for listed issuers), there are a number of other important changes that will affect all issuers.

The Australian Securities and Investments Commission (ASIC) and the Australian Securities Exchange (ASX) have recently announced changes to the rules governing partly-paid securities.

The Commonwealth Parliament passed the Aged Care Amendment (2008 Measures No 2) Act which amended the Aged Care Act 1997 and other legislation, which took effect on 1 January 2009.

The appointment of administrators to Whitcoulls in New Zealand will have prompted trade creditors and suppliers of Whitcoulls – and other companies – to consider their position during an administration. Administration provides the company with ‘breathing space’ during which the company’s viability can be assessed by the administrator.

Some of the uncertainty surrounding the operation of the superannuation borrowing provisions may soon be clarified, as a result of the introduction of the Superannuation Industry (Supervision) Amendment Bill 2010 (Bill) into Parliament on 26 May 2010.

The NSW government has introduced the Retirement Villages Amendment Bill which contains a number of changes that will, if passed, have a significant impact on the operation of retirement villages in NSW.

Two recent announcements in relation to KiwiSaver will be of note for all employers. First, the Government has named the six ‘default providers’ it intends to appoint for KiwiSaver.

To help prevent fatal and near fatal outcomes, pool owners need to ensure that their swimming pools comply with the fencing requirements of the Fencing of Swimming Pools Act 1987 and Building Act 2004.

The Government has announced its plan to reverse the law created by the Supreme Court’s decision in Peter Miles Davies v New Zealand Police [2009] NZSC 47. The move will enable criminal courts to use reparation sentences as a way of making up for any shortfall in Accident Compensation Corporation (ACC) payments received by a victim of crime. It will lead to increased exposure for many liability insurers.

Whether advising a global technology company on market expansion, a government procurer on an infrastructure project, or defending a real estate developer in a construction dispute, our team can help you across the full spectrum of your legal needs.

Given the current economic climate, decreasing margins and increased resources to engage in disputes, there will be a logical increase in payment claims and adjudications under the Building and Construction Industry Payments Act 2004 (QLD) (BCIPA) in the forthcoming year.

In a blog published January 16, 2014, I discussed the TWU debate in light of the approval granted by the Federation of Law Societies of Canada approval for the proposed Christian law school.