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A Charge may be Rectified after the Debtor has been Placed in Liquidation or Administration

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In Saraceni v Mentha [No.2] [2012] WASC 336 a director sought to challenge the appointment of receivers to Westgem Investments Pty Ltd (“Westgem”) under a fixed and floating charge (“the Charge”).  In 2008 Westgem entered...

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Toothless Tiger No More: Gender Equality in the Workplace Set to Improve

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The Equal Opportunity for Women in the Workplace Amendment Bill 2012(“Bill”) proposes a number of changes to the Equal Opportunity for Women in the Workplace Act 1999 (Cth) (“Act”). This comes after a comprehensive review...

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New Reporting Framework for Resources Companies

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Last month, the Australian Securities Exchange (ASX) released its consultation paper on changes to the Listing Rules which will require enhanced disclosure of reserves and resources by listed resource companies. The Joint Ore Reserves Committee...

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Australian Charities and Not-for-Profits Commission Set to be a Reality

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The Australian Charities and Not-for-Profits Commission (“ACNC”) now looks likely to commence operation in early December 2012 with the Australian Charities and Not-for-profits Commission Bill 2012 (“Bill”) passed in the Senate this week (with amendments)...

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New Laws to Affect Incorporated Associations

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Earlier this year, the Victorian Parliament passed the Associations Incorporation Reform Act 2012 (“Act”). The Act will replace the Associations Incorporation Act 1981 when it comes into force on 26 November 2012. There will be...

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Building Demolition – is it Waste?

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The recent decision of Craig J in Environment Protection Authority v Terrace Earthmoving Pty Ltd & Page [2012] NSWLEC 216 provides an intriguing and somewhat restrictive interpretation of what is ‘waste’ in relation to the...

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Content Classification to be at the Forefront of New Media Technology

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Recently, the Australian Law Reform Commission (ALRC) finished a review of Australia’s classification laws. This was the first review of its kind in two decades. In that 20-year period, technology has rapidly progressed, making current...

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Louboutin v YSL: Single-Colour Trade Marks in the Fashion Industry

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In the July 2011 issue of the Australian Intellectual Property Law Bulletin, we published an article on the litigation in the United States launched by Christian Louboutin to prevent Yves Saint Laurent (YSL) from marketing a particular...

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Draft Tax Determination Clarifies a Receiver’s CGT Obligations

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Section 254 of the Income Tax Assessment Act imposes obligations on agents and trustees concerning income, profit or gains of a capital nature.   Application of the section extends to liquidators, receivers and administrators by virtue...

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Fair Work Act and GEERS Changes Coming Soon

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The Government has also introduced two bills to replace the current general employee entitlements and redundancy scheme (GEERS) with an equivalent legislative scheme and to extend transfer of business protections to state public servants. Proposed...

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Social Media Termination Still Unfair, but Next Time not so Lucky

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Fair Work Australia (FWA) continues to treat social media terminations with caution, but with a clear signal that its tolerance of social media ignorance will not last. Background In July this year, we reported that...

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The Road Safety Remuneration Tribunal Receives Submissions on its First Annual Work Program

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The recently created Road Safety Remuneration Tribunal (“RSRT”) issued a statement seeking written submissions on matters that should be included in its Annual Work Program. Submissions were received from individuals and organisations, such as unions and...

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