Australia

News & Analysis as of

Economic regulation in the face of declining demand

Overview of decision - On 28 March 2016, the Federal Court dismissed Telstra's appeal against the ACCC's October 2015 decision setting the prices for fixed line telecommunications services. In upholding the ACCC's...more

Tackling GST 'Leakage' is Key to Housing Supply, Affordability

Originally published in Australian Financial Review - March 28th, 2017. If the solution to housing affordability is increased supply, the GST rules for develop-to-rent (D2R) projects is a part of the problem. "New...more

Dentons Australia Business Protection Checklist

Dentons’ Australian Employment and Labour team works with leading organisations to help them build and maintain sustainable workplaces, with the necessary workplace flexibility to meet fast changing and competitive market...more

Health Alert (Australia) March 27, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 21 March 2017 - Hicks v Mater Misericordiae Ltd [2017] QSC 38 - The applicant brought proceedings against the respondents...more

Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration...more

PEXA and e-conveyancing demystified for mortgagees - There is considerable confusion amongst mortgage lenders about the PEXA...

There is considerable confusion amongst mortgage lenders about the PEXA world. In this report we try to simply describe the way forward. Yes, e-conveyancing cannot be ignored. From 3 April 2017, standalone mortgages in South...more

What Does the Introduction of Mandatory Data Breach Notification in Australia Mean for You?

Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information...more

Victorian Purchaser Update: Changes to Stamp Duty and First Home Owner Grant and Introduction of New Vacant Residential Property...

The Victorian Government has announced a number of significant housing related duty and tax initiatives to be introduced later this year, including: - changes to the off-the-plan stamp duty concession - abolition of...more

Security of Payment and the rise of the contractual reference date

The recent Supreme Court of NSW decision by Ball J in Fairfield City Council v Abergeldie Contractors Pty Ltd1 (Abergeldie), provides another demonstration of how issues with reference dates2 can provide potent grounds for...more

The not to be underestimated ‘not-for-profit requirement’ in Australia

In a recent Tribunal decision, Deputy President McCabe has affirmed the decision of the Minister for Education and Training (Minister) to revoke the approval of Malek Fahd Islamic School Limited (MFISL) as an approved...more

Recent comments from ASIC regarding licensing

Members of our team were invited to attend a licensing liaison meeting at ASIC’s offices in Sydney last Thursday....more

Collective Strata Sales: Fact v Fiction

The new NSW strata legislation commenced late in 2016 with the showstopper reform that owners in a strata scheme can now take part in a collective sale of the whole scheme on a 75% and above vote....more

Class Actions in Australia: 2016 in Review

2016 saw a number of transformational developments in class action litigation in Australia, providing further evidence of the impact this form of litigation is having in terms of cost and risk for business. While the year...more

Monthly Update—Australian Labour & Employment - February 2017

MESSAGE FROM THE EDITOR - In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more

Health Alert (Australia) March 20, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 15 March 2017 - NG v Chinese Medicine Board of Australia [2017] NSWCATOD 36 - PROFESSIONS AND...more

Circulating security interests and competing priorities

The recent Federal Court decision (on 1 March 2017) in Langdon, in the matter of Forge Group Limited (Receivers and Managers Appointed) (in Liq) [2017] FCA 170 considered the situation where a sizeable, unexpected tax refund...more

Prospecting for tax deductions

Earlier this year, the Commissioner of Taxation released TR 2017/1 - Income Tax: deductions for mining and petroleum exploration expenditure (the "Ruling"). The Ruling is the finalised version of TR 2015/D4, issued in...more

Australian and New Zealand Patent Systems among the strongest in the world

A newly developed index rates Australia’s and New Zealand’s patent systems among the strongest in the world. Companies need to be strategic about where to protect their inventions. These decisions are generally based on...more

Collective strata sales: who can benefit?

The new NSW strata legislation commenced late in 2016 with the showstopper reform that owners in a strata scheme can now take part in a collective sale of the whole scheme on a 75% and above vote....more

A perspective on the unequal representation of women in leadership

It is an indisputable fact that women are not equally represented in leadership roles or management positions in Australian companies and governments, not even close. Even in 2016, this is the case in almost all arenas of...more

The new face of private equity

There is a new face of private equity in the today's mining M&A market. Private equity is no longer willing to entertain opportunities which spruik only the potential for speculative capital gains. Rather, private equity is...more

2016 – a year at a glance

What is a human? When is your best method not good enough? When is an inventor not an inventor? What happens when your patent application fails to deliver on its promise? These are just a few of the questions that the...more

USBs an unreliable medium for service under Security of Payment Act

In Parkview Constructions Pty Limited v Total Lifestyle Windows Pty Ltd, the Supreme Court of NSW recently found that the delivery of copy of an adjudication application under the Building and Construction Industry Security...more

Pharmaceuticals in South East Asia

1. Are methods of medical treatment patentable? 2. Is extension of patent term possible? 3. Is there a data exclusivity period?...more

Global Privacy & Cybersecurity Update Vol. 13

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

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