Australian Customs Broker Liability for False Statements

Australian customs brokers are worried about the recent focus on importations potentially containing asbestos. The concern highlights the difficult position of customs brokers. With every piece of information provided to the Depar...

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Pressure Mounts on Timbercorp as Investors Entitled to Plead Defences Despite Having Participated in Class Action

The Victorian Court of Appeal has held in Timbercorp Finance Pty Ltd (In Liquation) v Collins and Tomes [2016] VSCA 128 that parties who participated in the unsuccessful class action against Timbercorp are not precluded from plead...

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Australian Border Force Focuses on Customs Valuation

A June 2016 Australian Border Force report highlighted a worrying 23% error rate on import declarations. What are you doing to review compliance levels? Customs valuation principles In most cases, the customs value of goods will...

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Out of Touch but Not Out of Time

In a decision [Mackenzie v Positive Concepts Pty Ltd & Anon [2016] VSC 259 (19 May 2016)] that graphically illustrates the apparent flexibility of the Limitation of Actions Act 1958 (Vic), at least as far as it applies to pers...

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Only Director Down Under? Tips for Minimising Your Liability

We recently saw a transaction where this approach was adopted by a large US-based private equity investor, but we've also seen this trend extend beyond the private equity space. Often, the Australian company will have only one Au...

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Unfair Contract Terms and Misleading Representations in the Car Rental Market

In a recent alert, we commented on the ability of unfair contract terms legislation to change the basis upon which various industry sectors contract with their customers. Two very recent examples involving the car hire industry...

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