Insights

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Duty of Care to Police Officers: Individual Circumstances Need to be Considered

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On 10 May 2018, Mahony DCJ delivered a judgment in favour of the Defendant in the District Court of New South Wales concerning a claim for work injury damages by a former police officer (Melanie...

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To Adjourn or Not to Adjourn: A Review of s440A(2)

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In proceedings before the Federal Court of Australia and the state Supreme Courts where an application is made pursuant to sections 459P and 459Q of theCorporations Act (Cth) (“Act”) for orders winding up a company, the...

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Causes of Environmental Litigation and How it is Being Pursued in the US to Mitigate Climate Change

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The Honourable Justice Brian Preston SC, Chief Judge of the Land and Environment Court of NSW, presented his paper “Using Environmental rights to address climate change” at the Law Council’s Future of Environmental Law Symposium on the...

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Nuclear Energy and Waste in Australia

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Australian law currently prohibits nuclear power generation. The only use of nuclear technology in Australia is for medical and research purposes. Australia’s only nuclear facility operated by the Australian Nuclear Science and Technology Organisation (ANSTO), is...

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The One Clause that Makes Contracts with Chinese Suppliers Unenforceable

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If business dealings were predictable and everything went perfectly, we wouldn’t need contracts. Often a contract is signed and buried in a drawer, only to be seen again if the parties are in dispute. When...

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Australian Border Force 2018 Customs Compliance Priorities

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The Australian Border Force has released a statement setting out its compliance priorities for 2018. While each importer and exporter will have its own unique risk areas, the statement by ABF highlights the areas that...

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ASIC Enforcement Review – Breach Reporting by Financial Services Licensees

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Under current law (Corporations Act 2001) financial services licensees are required to report certain significant breaches applicable to ASIC. A task force at ASIC has in recent months completed a review of the self-reporting of...

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Foreign Investors the Losers for NSW Stamp Duty Rates

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New South Wales follows suit with Victoria in tax hikes for foreign home buyers. The New South Wales government announced on 1 June 2017 that it will double its foreign investor stamp duty surcharge to...

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ASIC Survey Highlights Lack of Transparency in the Determination of Interest Rates

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On 1 June 2017, ASIC released the results of its survey of marketplace lending providers. The report gives an interesting overview of the marketplace lending industry in Australia – in particular, its structure and size....

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ASIC Supervisory Cost Recovery Levy Act 2017 Becomes Law and Implements an Industry Funding Model

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On 15 June 2017, the Senate passed the ASIC Supervisory Cost Recovery Levy Bill 2017 and related bills to implement an industry funding model for the Australian Securities and Investments Commission. Regulations that provide additional...

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China Practice Leader joins Hunt & Hunt Victoria office

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Mandatory Self-Reporting of Contraventions by Credit Licensees Likely to be Introduced

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One of the recommendations of the ASIC enforcement review taskforce was that the mandatory self-reporting regime should be extended to impose the same obligations upon credit licensees. This recommendation is in contrast to the original...

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