News & Analysis as of

Australia

Breaking news in NSW planning law - Greater Sydney and Wollongong Councillors to be excluded from all development decisions, and...

by Dentons on

The Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 (NSW) (the Local Planning Panel Act) and the Environmental Planning and Assessment Amendment (Staged...more

OTA & Travel Distribution Update - Aug. 4th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending August 4, 2017 is below. An important update on the status of rate parity in the EU leads things off in this week’s Update...more

Health Alert (Australia) 14 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 10 August 2017 - Inquest into the Death of Stephen Herczeg 57/2016 (1808/2016) - The said Court finds that Stephen Herczeg aged 72...more

Changes to the Commerce Act: five things you need to know

by DLA Piper on

In our last competition and market regulation update we noted that the Government had failed to progress the Commerce (Cartels and Other Matters) Amendment Bill, which was introduced to the house in 2011. The Bill has finally...more

A new biodiversity regime for development in NSW: in a nutshell

by Dentons on

A new regime for biodiversity assessment will commence on 25 August 2017, changing the way in which biodiversity impacts are both assessed and addressed in the development and use of land throughout the State....more

Public, Private Must Link to Fund Project

by K&L Gates LLP on

There has been a recent flurry of activity by the Commonwealth regarding the planned construction and operations for the proposed Western Sydney Airport. Originally published in The Australian - August 11th, 2017....more

Patent claim construction in Australia: Federal Court confirms the need for careful consideration of the use of “comprising” and...

by FPA Patent Attorneys on

In contested patent proceedings in Australia the interpretation of claim features that are introduced using the words “comprise” or “contain” is frequently in issue. An August 2017 decision of the Federal Court is an example...more

Construction Update - Last Ditch Attempt to Kill Off Building Code Fails, the ABCC calls the CFMEU's Bluff on 'Safety' Issues and...

by K&L Gates LLP on

In this construction update, we look at some recent developments in relation to the Code for Tendering and Performance of Building Work 2016 (Code) and the race to achieve Code compliance before 1 September 2017. We also...more

Policy inception: timing is everything

by DLA Piper on

It is common for contracts of insurance to have an inception date but not an inception time. The question then arises as to the time at which the policy incepts. The issue was considered recently by the High Court in...more

If it Feels Harder to Get Your Enterprise Agreement Approved by the Fair Work Commission, That's Because it is...

by K&L Gates LLP on

Over the last 12 months, we have assisted many clients with the negotiation, lodgment and approval of enterprise agreements made under the Fair Work Act 2009 (Cth) (FW Act). Anecdotally, it appeared to us that employers were...more

Health Alert (Australia) 7 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 July 2017 - Spragg and Australian Health Practitioner Regulation Agency [2017] WASAT 103 - The applicant made a complaint to the...more

Safe harbour reform in Australia: Update

by DLA Piper on

The Senate Economics Legislation Committee has strongly recommended that the Australian Parliament pass the reforms to Australia's safe harbour and ipso facto regime currently before the Senate. As the reforms have already...more

Health Alert (Australia) 31 July 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 24 July 2017 - Medical Board of Australia v Soo [2017] SAHPT 10 - In this proceeding, the respondent, a physiotherapist, was alleged to have...more

Foreign Investment in Australia - Update

by DLA Piper on

Foreign investment is key to Australia’s economic development, and Australia welcomes it. As the fourth largest economy in the dynamic Asia Pacific region, Australia's competitive economy is set for continued expansion -...more

Workplace Wrap: Autumn/Winter 2017

by K&L Gates LLP on

Workplace Wrap is our magazine covering the core areas of Australian workplace law: industrial relations, employment, equal employment opportunity and workplace health and safety. Workplace Wrap articles condense some of...more

Foreign Investor Surcharges Illustrate Lack of Harmonisation in State Tax Policy

by K&L Gates LLP on

In the 17th century the French politician Jean-Baptise Colbert said "the art of taxation consists in so plucking the goose as to procure the largest quantity of feathers with the least possible amount of hissing." For the...more

When can fraud on a mortgage be brought home to the bank?

by Dentons on

In a significant decision, that will be good news for lenders, the Supreme Court of New South Wales has confirmed the principle that fraud as an exception to indefeasibility of title only applies where the fraud can be...more

United we stand. But lawfully.

by Seyfarth Shaw LLP on

Trade union conduct is constantly changing, and our team have observed trends that are reshaping the boundaries, and that have already begun to impact our clients....more

Health Alert (Australia) 24 July 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 18 July 2017 - Ms Shahin Tavassoli v Bupa Aged Care Mosman [2017] FWC 3200 - Application for an unfair dismissal remedy. The...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Commission took the relatively unusual step of issuing an Exchange Act Section 21(a) report of an investigation last week. The report addressed the question of whether tokens issued by a firm using blockchain technology...more

High expectations for medicinal cannabis in Australia

by Dentons on

Recognition of the potential therapeutic benefits of medicinal cannabis for a range of debilitating health conditions has been growing for several years. Recent legislative amendments open the door for the cultivation and...more

ACCC and CrownBet Roll the Dice - Apply for Judicial Review of Tabcorp/Tatts Merger Authorisation

by K&L Gates LLP on

In Brief: On 10 July 2017, the ACCC applied to the Federal Court for judicial review of the Australian Competition Tribunal (Tribunal)'s determination to grant authorisation to Tabcorp Holdings Limited's proposed...more

"On demand" performance bonds: no strings attached?

by White & Case LLP on

A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first....more

Health Alert (Australia) 17 July 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 June 2017 - Dr Praneal Dutt Sharma v Dr Phillip Segal and Dr Greg Chen [2017] NSWSC 867 - CONTRACT – commercial agreement...more

Legal Notebook: All road(way)s lead to a contractual dispute

by DLA Piper on

The recent decision of RV Pty Limited v Connector Park Pty Ltd (No 2) [2017] TASSC 22 concerned a dispute between two land development companies in relation to a contract which required the construction of an access road. The...more

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