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  • Article

    Are Guaranteed Maximum Price Contracts Guaranteed?

    In “Auburn Council & Anor v Michael Davies Associates Pty Ltd” [2008] NSWCA 286, a claim that there had been misleading and deceptive conduct in relation to the guaranteed maximum price for a construction contract failed because the Court found that the clause in question was incomplete and uncertain.
    AustraliaReal Estate and Construction
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Product Recall Exclusions

    Recently, there has been publicity about suppliers recalling their products manufactured in China. Should insurers be concerned?
    AustraliaConsumer Protection
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Financial Services Regulation – Draft Corporations Amendment Regulations Released

    On 26 March 2007, Treasury released draft Corporations Amendment Regulations that will affect the insurance and superannuation and funds management industries as well as other financial services industries.
    AustraliaCorporate/Commercial Law
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Company officers face new penalties for inadequate due diligence

    Company officers now have a positive duty to exercise due diligence to ensure the company meets its safety obligation under the new proposed model of OHS laws. There are significant penalties, including imprisonment for officers who fail to discharge this duty, even if an employee is not injured.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Decision Explains Meaning Of ‘Mistake’ And ‘Reasonable Cause’

    Re "Ronald Maxwell Heneker and Comcare" [2008] AATA 1088 was an application for review of a decision made by Comcare rejecting a claim for compensation.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Draft Model - OHS Laws

    Director and manager occupational health and safety (OHS) liability from 1 January 2012. OHS harmonisation.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    New Developments In Drug Testing Methods

    There is a fine line to be drawn when randomly testing for evidence of drugs and/or alcohol impairing an employees’ fitness for work.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Luxury Pleasure Craft – Damages For Loss Of Reputation And Loss Of Enjoyment

    When a commercial vessel is damaged it is common for there to be a claim for loss of hire or profit from the operation of the vessel. Private pleasure craft do not generally give rise to the same losses.
    AustraliaTransport
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Environmental Law: Existing "Use Rights" Under The Microscope

    The recent decision of the Court of Appeal in Rodney District Council v Eyres Eco-Park Limited [2007] NZCA 13 (20 February 2007) has reversed earlier rulings of the Environment Court and the High Court as to the correct interpretation of section 10 of the Resource Management Act 1991. In particular, the decision focuses on the identification of existing use rights as progressively more restrictive plan provisions are rolled out.
    New ZealandEnvironment
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Australian Transfer Pricing Provisions

    Taxpayer decisively wins Transfer Pricing case.
    AustraliaTax
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Federal Court Decision On Copyright In Compilations Of Data

    A recent Federal Court decision confirms that copyright can subsist in compilations of data (for example databases) but does not subsist in the individual pieces of data that make up the compilation.
    AustraliaIntellectual Property
    DLA Piper Australia
    DLA Piper Australia
  • Article

    The ins and outs of insider trading (Part 2)

    This follow-on article aims to provide practical guidance on the ways in which insider trading risks can be managed.
    AustraliaCriminal Law
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Fair Trading And Consumer Guarantees Submissions Sought On Enforcement Of Consumer Protection Laws

    The Ministry of Consumer Affairs (Ministry) has released a discussion document on the redress and enforcement provisions contained in the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.
    New ZealandAntitrust/Competition Law
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Extending US employee stock plans to UK employees: what you need to know

    Which type of share incentive plan is most tax effective for UK participants in a US employee stock plan?
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Hargreaves v Telstra - the blurry line between workplace and home

    Claims for accidents at home are possible.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    ASX Strengthens Capital Raising Options for Mid to Small Cap Companies

    The Australian Securities Exchange (ASX) last week announced changes to the Listing Rules.
    AustraliaFinance and Banking
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Case note: When are the Refugee and Migration Review Tribunals functus officio?

    The Full Court's judgment provides important clarification as to the point at which the Tribunals are functus officio.
    AustraliaGovernment, Public Sector
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Natural Disaster Insurance Review report released

    The availability of flood cover for policy holders affected by QLD led to the Natural Disaster Insurance Review.
    AustraliaInsurance
    DLA Piper Australia
    DLA Piper Australia
  • Article

    EDDIE MICHAEL AWAD & ANOR v TWIN CREEK PROPERTIES PTY LTD [2011] NSWSC 923

    This case provides more guidance on how responsibility is apportioned between wrongdoers in a property transaction.
    AustraliaReal Estate and Construction
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Investor Protection: Security of tenure of mining rights in South Africa

    South Africa's proposed changes to its mining legislation attempt to create more certainty for foreign investors.
    South AfricaEnergy and Natural Resources
    DLA Piper Australia
    DLA Piper Australia

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