Insights

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Assessing the Period of Construction-Related Risk

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Claims against building professionals relating to building and construction work are among the most costly proceedings to litigate. For insurers evaluating risk, knowing how long a building professional or company may remain “exposed” to litigation...

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Misleading Advertising Cost Vendors Over $1m in Damages

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The recent New South Wales Supreme Court case of Bruno Pisano v Georgia Dandris [2014] NSWSC 1070 demonstrates the potentially significant risks associated with vendors making false representations in relation to the sale of their...

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Power Transformer Anti-Dumping Investigation

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Five lessons we’ve learnt about the anti-dumping commission (ADC). The newly established ADC was only foour days old when it received an application from Wilson Transformers for an investigation into the alleged dumping of power...

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Victorian Retail Leases Act to Apply to Leases Where Tenants Provide Services

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Leases that may have previously been considered not subject to the Retail Leases Act 2003 may now be so due to recent court decisions. CB Cold Storage Pty Ltd v Morgan Street Investments Pty Ltd (Retail Tenancies)...

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Zero Duty does not Equal Zero Risk

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While most attention is given to the imports that attract duty, a recent Australian Tribunal decision demonstrates the need to review imports even where it seems obvious that a duty free concession applies. Duty-free goods...

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Trucks and Tribulations: Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33

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On 10 September 2014 the High Court, consisting of Hayne Crennan, Kiefel, Bell and Gageler JJ unanimously dismissed an appeal from a decision of the Court of Appeal of the Supreme Court of Western Australia...

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Implied Term of Trust and Confidence Extinguished by High Court

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The High Court of Australia has unanimously found that the term of mutual trust and confidence should not be implied by law into all Australian employment contracts. In doing so, the High Court overturned two...

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The Game is Innovation: 5 Simple Things you Need to Know About Patenting

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Whether during or outside the course of your normal business activities you have invented or are on the brink of inventing something – a process, machine, technology, method or system that may have commercial potential. The...

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Korea-Australia Free Trade Agreement

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Legislation which gives effect to the Korea-Australia Free Trade Agreement (FTA) has been introduced into the Australian House of Representatives.  This legislation foreshadows a commencement date of 1 December 2014. On commencement of the FTA, over...

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Offshore Distribution Centres: What are the Risks?

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Supply chain consolidation through offshore distribution centres is reducing international supply chain costs but may be increasing exposure to the risks of customs non-compliance. An increasing number of companies are achieving supply chain efficiencies by...

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Building Actions Limitation Period Issues Settled at 10 Years by Victorian Court of Appeal

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Brirek Industries Pty Ltd v McKenzie Group Consulting (VIC) Pty Ltd [2014] VSCA 165: Building actions limitation period issues settled at 10 years by Victorian Court of Appeal. In a decision which has implications for...

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Securities Imposed on Imported Kitchen Sinks

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The decision has been made to impose securities between 19% and 61% on imports of Chinese produced deep drawn stainless steel sinks. This decision reflects a preliminary finding by the Anti-Dumping Commission that Chinese steel...

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