Australia

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Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

Generator Optional Firm Access Rights: Australian Energy Market Commission announces terms of reference for detailed design work

On the 6 March 2014, the Australian Energy Market Commission (AEMC) released terms of reference to progress work on the Optional Firm Access (OFA) framework initially outlined in the Transmission Frameworks Review published...more

Health Alert (Australia) - 14 April 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Reports: Queensland. Department of Health: - 1 April 2014 - Legislative change to address doctors’ concerns. The power of the Queensland...more

Franchising Update - Winds of Change Arrive

In previous Franchising Updates, we reported on the Wein Review of the Franchising Code of Conduct (Code) and the Abbott Government's response to the recommendations in the Wein Report. On 2 April 2014, the Government...more

Treasury releases its submission to the inquiry

The Department of Treasury has released its submission to the Financial Systems Inquiry. The 90 page submission concludes that the financial system has performed well since the Wallis inquiry but there is room for the system...more

Global Food, Drugs, Medical Devices and Cosmetics Newsletter

Welcome - We are pleased to provide you with the Spring edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. As stated in our inaugural issue, this newsletter provides updates on important...more

Health Alert (Australia) - 7 April 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Judgments: New Zealand 24 March 2014 - Wooton v Accident Compensation Corporation [2014] NZACC 77 [1]: This appeal concerns a treatment...more

Major Amendments To Franchising Code Foreshadowed: The Australian Government Has Today Released An Exposure Draft Of The...

Stakeholders are invited to comment on the draft bill and Regulations by 30 April 2014 with the changes expected to take effect from 1 January 2015. The highlights of the amended Regulations include: Increased...more

March 2014: International Arbitration Update

Australia’s Highest Court Upholds Constitutionality of the Country’s International Arbitration Law. In TCL Air Conditioner (Zhongshan) Co. Ltd. v. The Judges of the Federal Court of Australia [2013] HCA 5, Australia’s High...more

Health Alert (Australia) - 31 March 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales - 4 March 2014 - Re JS [2014] NSWSC 302 - This was an application for declaratory relief made by the...more

‘Who’s That Walking On My Bridge?’: Navigating ‘Patent Troll’ Activity In The UK And Australia

While the activities of so-called ‘patent trolls’ have generated significant media and political attention in the USA, these activities are unlikely to become as prevalent in the UK and Australia because of distinct features...more

Australian Businesses Supplying Electronic, Telecoms And Broadcasting Services To EU Customers Need To Be Aware Of Changes To EU...

EU VAT CHANGES FOR E-COMMERCE SERVICES - Australian e-commerce businesses that supply services to European customers need to be aware of important "value added tax" ("VAT") changes that will apply across the European...more

Maxwell v Highway Hauliers – Special leave granted

Readers of this blog will no doubt be aware of the litigation surrounding Highway Hauliers v Maxwell [2012] WASC 53 and Maxwell v Highway Hauliers [2013] WASCA 115. These judgments considered whether an insured was entitled...more

Australian Scientists Call For Country To Focus Conservation Efforts On Most Vital Endangered Species

Last Thursday, several prominent conservation biologists in Australia called on the Australian government to allow certain endangered animals to become extinct in order to focus conservation efforts on reviving more vital...more

Ministerial Might – ICAC Opens the Door for Increased Oversight of NSW Tenement Dealings

The New South Wales (NSW) Government has recently introduced the Mining and Petroleum Legislation Amendment Bill 2014 (NSW) (Bill) in the Legislative Assembly. The Bill proposes to amend the Mining Act 1992 (NSW) (Mining Act)...more

Health Alert (Australia) - 24 March 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: Australia. Department of Health & Ageing - Media releases - 18 March 2014 - Latest PBS listings include medicines for...more

High Court Updates "Reasonable Endeavours": Commercial Interests Vs An Obligation Owed

Electricity Generation Corporation v Woodside Energy Ltd; Woodside Energy Ltd v Electricity Generation Corporation [2014] HCA 7 (5 March 2014) - WHAT HAPPENED? - The High Court has, by a 4:1 majority, held that...more

Moss v Eagleston [2014] NSWSC 6

In Moss v Eagleston [2014] Mr Moss supplied information to Nationwide News Pty Ltd about his criminal background and association with Shapelle Corby. Mr Moss then sued Nationwide News, alleging they had breached a contractual...more

Health Alert (Australia) - March 17, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: REPORTS: Australia. Department of Health & Ageing - Media releases - 11 March 2014 - Fight back against...more

Let There Be No Doubt About It...

The decision of the Queensland Supreme Court in JNJ Resources Pty Ltd v Crouch v Lyndon [2014] QSC 13 demonstrates the reluctance of the judiciary to make summary orders dismissing a claim on the basis that it is statute...more

GST and BITCOIN – Potential Pitfalls

Bitcoin has received a lot of recent press attention, both as a speculative investment and as an alternative payment option to fiat currency. The anonymous nature of Bitcoin payments has also caught the attention of tax...more

The changing Australian Privacy Principles: Increased risks for employers

In an age where the management of data is largely electronic, employers have a much greater opportunity to collect and retain vast amounts of information, much more than ever before. This information is useful to have on file...more

Health Alert (Australia) - 10 March 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: REPORTS: Australia. Department of Health & Ageing - - 6 March 2014 - Keynote address to the general practice...more

Bank Late Payment Fees Held to be Penalties – Class Action Risk for Other Industries

Paciocco v ANZ [2014] FCA 35 - The Federal Court of Australia (Federal Court) has held that late payment fees charged by a bank to its credit card customers were unlawful penalties. Paciocco v ANZ [2014] FCA 35...more

Australia: Courtsiding and reform updates

In a number of our recent blog entries, we promised to keep you posted on a number of legislative changes and legal proceedings in Australia. As promised, here are the key developments: Spectator charged for...more

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