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Recent publications

Our experienced legal team regularly publishes articles and updates on a wide range of legal topics - you'll see the most recent publications listed below. If you're interested in back issues, please use the list on the left to visit our archives. If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

You may also be interested in our special sites, dedicated to the new Privacy regime and Financial Services Reform.

Client Update: Climate Change - 04 July 2008

The eagerly awaited draft report of the Garnaut Climate Change Review was released at lunchtime today. Partner Grant Anderson and Senior Associate Suzanne Westgate provide initial commentary on the findings of the draft report

Focus: Managed Investment Trusts Withholding Tax - 03 July 2008

The Federal Government announced changes in the 2008-09 federal Budget to the withholding tax rules applicable to certain distributions from Australian managed investment trusts. Legislation to implement these changes has now come into operation. Partner Peter Allen and Senior Associate Katrina Parkyn report

Focus: Domain Names - 03 July 2008

On 26 June 2008, the Internet Corporation for Assigned Names and Numbers approved recommendations that will allow for a significant increase in the number of generic top-level domains. Implementation of the recommendations will see the registration of generic top-level domains become far more accessible to corporations and communities. Partner Michael Pattison, Lawyer Adrian Fisher and Research Assistant Margaret Walsh look at what is involved

Client Update: Environment - 03 July 2008

A new Bill introduced into the Western Australian Parliament by the Greens attempts to set a greenhouse gas emissions intensity standard for new power stations in Western Australia. Senior Associate Valeria Cooney and Lawyer Lorna Creewel report

Focus: Climate Change - 02 July 2008

On June 26, the Federal Climate Change Minister Penny Wong released the National Greenhouse and Energy Reporting Regulations 2008, providing important detail for companies who may be required to report under the National Greenhouse and Energy Reporting Scheme which commences on 1 July 2008. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jess Moir look at the new regulations

Focus: Tax - 02 July 2008

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The Inspector-General of Taxation has released a report that makes recommendations for the improvement of the Tax Office's administration of GST audits of large taxpayers. Partner Ross Stitt, Senior Associate Chris Peadon and Lawyer Pouyan Afshar discuss the report's recommendations

Focus: Water - 30 June 2008

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A new urban water market for South East Queensland will have significant implications for suppliers and users of water

Client Update: Retirement Villages - 30 June 2008

Following a lengthy review process, the Retirement Villages Amendment Bill 2008 was introduced into the NSW Parliament on 26 June 2008. The Bill proposes extensive amendments to the Retirement Villages Act 1999 (NSW). Partner Mark Stubbings and Senior Associate Rebecca Barr outline the key amendments

Focus: Workplace Relations - 30 June 2008

We look at National Employment Standards; an employer's obligation to re-employ injured workers; the evidence of reasons for dismissal; implied term of mutual trust and confidence; and the six-month rule in a transmission of business

Focus: Outsourcing - 27 June 2008

A long awaited Information Technology (Amendment) Bill is currently up for consideration by India's upper house. The Bill seeks to address, among other issues, deficiencies under Indian law relating to data protection in the wake of publicised incidents of data breaches involving Indian offshore service providers. Senior Associate Ken Shiu and Partner Michael Pattison reports that such measures have been required within India's IT industry for several years

Focus: Financial Services and Credit Reform - 27 June 2008

Earlier this month, the Treasury Department of the Australian Government released a Green Paper on Financial Services and Credit Reform. Partner Susan Burns and team summarise and discuss the Paper

Focus: Domain Names - 26 June 2008

With effect from 1 June 2008, auDA, the Australian Domain Name Administrator, has introduced a policy that removes most of the restrictions that previously applied to the transfer of .au domain name licences. The procedure for transferring .au domain names has also been simplified. Senior Associate Rebecca Sadleir discusses the changes

Focus: Capital Markets - 25 June 2008

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The Australian Securities and Investments Commission has issued class order relief to extend the exemption that permits a traditional rights issue to be undertaken without a prospectus or a product disclosure statement to non-traditional rights issue structures. Partners Steve Clifford and Robert Pick and Lawyer Alex Brown consider the implications for issuers and market participants generally

Focus: China - Employment - 25 June 2008

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The Legislative Affairs Office of China's State Council has issued a circular seeking feedback on draft regulations for the PRC Labour Contract Law. The draft regulations interpret and clarify a number of provisions of the PRC Labour Contract Law , which came into effect on 1 January 2008, and suggest how the law may be implemented in practice. Partner Campbell Davidson and Senior Associates Ross Keene and Katherine Yu discuss

Focus: Civil Justice Reform - 24 June 2008

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In the final instalment of our three-part series on the Victorian Law Reform Commission's recent report into the reform of the Victorian civil justice system, Partner Peter O'Donahoo and Lawyers Eloise Dias and Rebecca Semple review recommendations for pre-trial examinations and the discovery process

Focus: China- Technology - 23 June 2008

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The Chinese Ministry of Science and Technology, the Ministry of Finance and the State Administration for Taxation have released the Administrative Measures for the Recognition of High and New Technology Enterprises which sets out the procedures and requirements for PRC enterprises to be recognised as high-technology enterprises. Partner Campbell Davidson, Lawyer Justin Chin and Paralegal Michelle Ding report

Biotech & Health News - 19 June 2008

Senior Associate Sarah Bryden and Law Graduate Leesa Vanmali examine the recent decision in Selim v Lele, where the Full Federal Court of Australia dismissed a constitutional challenge to the validity of the Professional Services Review Scheme

Focus: Energy - 19 June 2008

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The National Gas (South Australia) Act 2008, introducing the long-awaited National Gas Law, is in the final stages of its passage through the South Australian Parliament and will commence on 1 July 2008. Special Counsel Louise Thomson and Articled Clerk Stephanie Salmon look at the key changes to the national gas access regime

Focus: Resources - 18 June 2008

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When the Mining Amendment Act 2008 (NSW) commences later this year, mining companies operating in New South Wales will have to comply with an amended set of obligations and procedures. There will be new environmental regulation of mining operations; increased enforcement powers for authorities; and administrative changes to streamline compliance procedures. Partner Tony Wassaf and Lawyer Caspar Conde discuss the new legislation and its implications for mining entities

Focus: Commercial Litigation - 18 June 2008

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The Administrative Review Council has recently released a report outlining a range of 'best practice' principles it proposes government agencies should adopt when exercising their coercive information-gathering powers. Partner-elect Richard Harris, Senior Associate Chris Peadon and Lawyer James Windon discuss the report's key recommendations and their potential impact

Focus: Thailand - Product Liability - 17 June 2008

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The Thai Government recently enacted the country's first product liability legislation. The Unsafe Goods Liability Act B.E. 2551 (2008) is groundbreaking legislation as it empowers the court, for the first time, to grant punitive damages to injured parties. International Partner Marcus Clark, Senior Associate Rawat Chomsri and Associate Jeffrey Sok report

Focus: Construction - 13 June 2008

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A recent Supreme Court of Queensland decision has demonstrated how a carefully worded extension of time clause can give the Superintendent an absolute discretion in the exercise of their reserve power to grant an extension of time. Partner Nick Rudge and Articled Clerk Lucinda Hill look at what the decision means

Focus: Civil Justice Reform - 13 June 2008

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In the second of our three-part series considering the recommendations made in the Victorian Law Reform Commission's report into the reform of the civil justice system, Partner Nick Rudge and Senior Associate Abby Gill consider the reforms proposed in the area of expert evidence

Focus: Greater China - Financial Regulation - 12 June 2008

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The Supreme People's Procuratorate and the Ministry of Public Security have jointly announced new rules to regulate the stock, securities and futures markets and to combat securities fraud in the People's Republic of China. Partner Simon McConnell and Senior Associate Mun Yeow look what the new regulations mean

Focus: Mergers & Acquisitions - 06 June 2008

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The Takeovers Panel has published its final position on the giving of collateral benefits in the context of control transactions. Partner Andrew Finch and Senior Associate Vida Wongseelashote report

Focus: Construction - 06 June 2008

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When will a sub-contractor in a building project owe the proprietor or subsequent owners a duty of care? Is the liability of other concurrent wrongdoers under Victoria's proportionate liability regime affected if another concurrent wrongdoer reaches a settlement with the plaintiff? Partner Nick Rudge and Senior Associate Anna Thwaites report on a recent judgment in the Victorian Supreme Court

Focus: Environment & Planning - 05 June 2008

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The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, which commenced on 1 June 2008, introduces a range of measures designed to regulate the underground storage of petroleum so as to minimise the risk of the discharge of substances that cause significant damage to the environment. Partner Paul Lalich and Paralegal Madeleine Ellicott report

Focus: Water - 04 June 2008

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A new regulatory framework for recycled water and the safety and reliability of the water supply in South East Queensland has been set by the recently enacted Water Supply (Safety and Reliability) Act 2008. Senior Associate Suzy Cairney and Lawyer Scott Watson explain

Focus: Franchising - 04 June 2008

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In a welcome breath of commercial pragmatism, a Federal Court decision, handed down last week, has paved the way for a reversal of the Ketchell decision. Partner Andrew Wiseman explains

Paper: Insurance & Reinsurance - Double insurance, Contribution and subrogation basic principles - 04 June 2008

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Partner Oscar Shub and Senior Associate Jenny Priestley discuss Subrogation - basic principles and issues and Double Insurance and Contribution - basic principles and issues

Focus: Civil Justice Reform - 03 June 2008

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The Victorian Law Reform Commission has conducted a wide-ranging review of the Victorian civil justice system, with a view to reducing the cost, complexity and inefficiency of civil proceedings. Following a lengthy consultation process with stakeholders and the release of two exposure drafts, the VLRC released its Civil Justice Review report on 28 May 2008. Partner Peter O'Donahoo and Senior Associate Susie Stone explore some of the more contentious proposals on class actions and litigation funding

Focus: Environment & Planning - 02 June 2008

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The Environmental Planning and Assessment Amendment Bill proposes the most significant reforms to the planning system since the inception of the Environmental Planning and Assessment Act 1979 (NSW). Partner Paul Lalich and Lawyer Joy Lam report

Focus: Climate Change - 30 May 2008

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The Federal Government has released its long-awaited exposure draft of the Offshore Petroleum Amendments (Greenhouse Gas Storage) Bill 2008. The Bill's purpose is to establish the framework for access to offshore geological storage formations, and the creation of property rights for greenhouse gas injection and storage activities in Commonwealth offshore waters. The Federal Government has described the legislation as being 'world first', and its terms will be subject to international scrutiny

Focus: Tax - 30 May 2008

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The High Court has handed down its first decision involving the interpretation of a substantive GST issue: whether GST was payable on the forfeiture of a deposit paid under a land sale contract. The decision is likely to create uncertainty for both the Commissioner of Taxation and taxpayers, including where a forfeited deposit has been retained if the underlying transaction would not have generated a GST liability

Focus: Workplace Relations - 30 May 2008

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We look at discrimination and an imputed disability; unlawful work stoppages; the implication of an entitlement to redundancy; protected action ballots; and who is responsible for workplace safety

Focus: Tax - 28 May 2008