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Contributory negligence assessment increased for pedestrian

In the Nominal Defendant v Ross [2014] NSWCA 212, the NSW Court of Appeal increased the contributory negligence assessment, reducing the Respondent’s award of damages from $328,000 to $266,939. The basis for this decision was...more

Australia Welcomes Changes to the Australian Managed Investment Fund Regime for Foreign Pension Funds

Following its announcement in November 2013, the Australian Government has released draft legislation to enable foreign pension funds to access concessional withholding tax rates under Australia's Managed Investment Trust...more

Carbon Tax Repeal Places Spotlight on Price Reductions

After months of delay, the Australian Government has passed legislation to repeal Australia's carbon tax and introduce new sanctions against energy and gas refrigerant entities that do not pass on cost savings arising from...more

Health Alert (Australia) - July 21, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Queensland - 14 April 2014 (published 11 July 2014) - Ladhams v Medical Board of Australia (No 2) [2014] QCAT 286...more

Synthetic Investment in U.S. Real Estate by Foreign Investors

According to recent reports, foreign investment in commercial U.S. real estate exceeded $38.7 billion in 2013 - a 40 percent increase over 2012. Leading the way in 2013 were investors from Canada, China, Australia, Germany,...more

Financial System Inquiry – interim report released

The interim report of the Financial System Inquiry was released on 15 July. In the report, the Inquiry’s committee, headed up by Mr David Murray AO, have made 28 observations on how the system is currently operating. There...more

That look’s a steal: K&L Gates advises on how to protect against copycats

There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their...more

Breach of the Australian Franchising Code to result in fines

As foreshadowed by the Coalition Government earlier this year (see our previous update), penalties for breach of the Franchising Code of Conduct (Franchising Code) are to be introduced....more

Australia's proposed spy law perceived as Governmental Mismanagement

Buzzing through the social media sphere yesterday was the story about how a proposed new bill would see potential whistleblowers facing up to 10 years in prison for leaks. So after lifting my jaw up off the floor, I thought...more

Australian Tax Update: Repeal Of The Carbon Tax - Easy Come Easy Go?

The Federal Government has fulfilled its election promise when the Senate passed the carbon tax repeal legislation on 17 July 2014. The Government achieved the repeal of the carbon tax after 2 weeks of negotiations with the...more

Real Estate Investment in Australia

Australia continues to be viewed as a destination of choice for global real estate investors seeking a safe haven in a well-regulated and highly transparent growth-orientated market for doing business. In addition, the...more

Energy & Environment Update - July 2014

In This Issue: - Despite Hurdles, U.S. Offshore Wind Industry Poised for Growth - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

Update on medical indemnity claims statistics – Trends and risk areas

On 11 July 2014, the Australian Institute of Health and Welfare released the latest in its series of reports on medical indemnity claims in the public and private sectors. The report examined claims made, current or...more

Health Alert (Australia) - July 14, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Commonwealth - 4 July 2014 - Angelos v Minister for Health [2014] FCA 706 - This was an application made to the...more

Australia: Official supplier of statistics to the NRL fails to obtain interlocutory injunction for breach of its intellectual...

On 8 May 2014, Sports Data Pty Ltd (Sports Data), NRL’s previous official supplier of statistics, filed an interlocutory applications against Prozone Sports Australia Pty Ltd (Prozone), the new supplier of statistics to the...more

Rail Corporation New South Wales v King [2014] NSWCA 207

The New South Wales Court of Appeal recently handed down judgment in the matter of Rail Corporation New South Wales v King. The facts of the matter are that at 3:00 am on the morning of Saturday, 2 September 2006, Shane King...more

Australia: Cautionary tales of commercial dealings and sovereign risk

Last Thursday, the Victorian Supreme Court delivered judgment in Tabcorp Holdings Limited v The State of Victoria [2014] VSC 301 and Tatts Group Limited v The State of Victoria [2014] VSC 302. As we have previously...more

Group purchasing reporting period extended

ASIC has amended Class Order 08/1 to extend the reporting period for any breaches of the conditions of the class order for group purchasing bodies by 12 months. The class order provides relief to group purchasing bodies from...more

Australia: Illegal streaming hits the World Cup

The 2014 FIFA World Cup has been a ratings success for SBS, which has an exclusive Media Rights Licence to broadcast the World Cup across television, radio and the internet in Australia. However, with the tournament now...more

First tranche of FOFA reforms underway

A number of the government’s FOFA reforms commenced on 1 July 2014 by way of the Corporations Amendment (Streamlining Future of Financial Advice) Regulation. These changes include: - Removal of ‘opt-in’...more

Dr Who? Australia's FWC Says the Company Can Decide

A recent decision by the Full Bench of Australia's Fair Work Commission (Commission) has held that an employer has the right to: - direct an employee to attend a company doctor for an assessment to verify his or her...more

Health Alert (Australia) - July 7, 2014

In This Issue: Judgments, Legislation, and Reports. Excerpt from Reports: Australia. Department of Health & Ageing Media releases ..3 July 2014 - Fighting mosquito-borne diseases in Queensland....more

Shaken, but still unstirred - Report recommends amendments to the Australian innovation patent system

The final report on the review of the innovation patent system by the Advisory Council on Intellectual Property (ACIP) has been published . ACIP was unable to recommend retention or abolition of the innovation patent system. ...more

This Week In Securities Litigation (Week ending July 3, 2014)

In a holiday shortened week, dark pools were again a focus for regulators. This week FINRA sanctioned Goldman Sachs in connection with the operation of its dark pool....more

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