Asia Pacific

Not for Profits Update

Social enterprises and charitable outcomes: social finance in Australia

By Jon Cheung & Arthur Koumoukelis of Gadens Lawyers, Sydney

The increase in prominence of social enterprises in recent years has provided new opportunities for charities and not-for-profits to carry out their mission objectives.

read more…

 

Read full article

Life Sciences Update

‘Talk the talk, walk the walk’: warranty requirements under Australian Consumer Law

By Jessica Kinny and Wendy Blacker of Gadens Lawyers, Sydney

On 16 November 2010 the final Australian Consumer Law (ACL) regulations were published.  One of the key provisions of the ACL is section 54, which is a statutory guarantee of acceptable quality of a good or service enforceable against the suppliers and manufacturers of that good or service.  read more

 

Read full article

Corporate Risk & Insurance Update

Is there nobody to share HIH’s burden?

The final(?) chapter in the HIH Claims Support saga – HIH Claims Support v Insurance Australia Ltd [2011] HCA 31

By Ryan Lynch and Ray Giblett of Gadens Lawyers, Sydney

  • The High Court has delivered the final blow to HIH Claims Support’s long running contribution claim
  • ·           In rejecting the claim, the High Court confirmed the orthodox approach that the parties must share a ‘common burden’ read more

 

Read full article

Energy & Resources Update

ATO calls for submissions on new treatment of transfer farm-out arrangements

By Cameron Steele of Gadens Lawyers, Sydney

A draft tax ruling issued on Wednesday, 24 August 2011 signals a new approach by the Australian Taxation Office (ATO) for the tax treatment of deferred transfer farm-out arrangements.  The draft ruling follows an earlier draft ruling in relation to the less common immediate transfer farm-out arrangements.  read more…

 

Read full article

Financial Services Recovery Update

Mortgagee’s Duty of Care: Will the Court buy your defence to a claim of sale at undervalue?

By Amber Warren of Gadens Lawyers, Sydney

A recent amendment to the Conveyancing Act provides a timely reminder to mortgagees of the duty to be discharged when exercising power of sale.  read more…

 

Read full article

Building & Construction Update

Undocumented variations and the Home Building Act (NSW)
Clarity and a ray of hope for builders

By Robert Riddell and Bruce Hale of Gadens Lawyers, SydneyA decision handed down by the Court of Appeal on 23 June 2011 in Sydney Building Group v Edwards (Edwards’ Case) has provided clarity and a ray of hope for residential builders in NSW seeking payment for construction work not expressly set out in the building contract or a written variation order.  read more
Read full article

Corporate Risk & Insurance Update

Postponing the pre-litigation reforms

By Brianna Roach and Wendy Blacker of Gadens Lawyers, Sydney

The NSW Government has released a media statement on 23 August 2011 announcing that it will postpone the introduction of recent legislation, which required parties to take reasonable steps to narrow or resolve the issues in dispute before commencing proceedings. read more

 

Read full article

Regulation & Compliance Update

Proposed disclosure regulation amendments

By Jon Denovan of Gadens Lawyers, Sydney

The MFAA have discussed with Treasury the recently released regulations dealing with credit guides, quotes, and proposal disclosure documents.  As a result of these discussions, the MFAA are very confident that some amendments will be made prior to 1 October 2011 (the start date).  There are also some planned changes for Key Fact Sheets.

read more…

 

Read full article

Gadens Lawyers – Regulation & Compliance Update

Mortgagor identification commences in NSW

By Jon Denovan of Gadens Lawyers, Sydney

From 1 November 2011, there will be new requirements in NSW for mortgagees to identify mortgagors and new rules for witnessing most Torrens Title dealings.  These are two new separate and distinct requirements.  read more…

 

Read full article

Gadens Lawyers – Life Sciences Update

Section 60A Therapeutic Goods Act 1989 (Cth):  the ‘new’/‘old’ paradox solved?

By Jessica Kinny and Wendy Blacker of Gadens Lawyers, Sydney

A sponsor must apply to the Therapeutic Goods Administration (TGA) for a therapeutic good to be entered on the Australian Register of Therapeutic Goods before that good can be lawfully supplied in Australia.  When an application for the registration of a good is refused by the TGA, the sponsor can seek to have that decision reconsidered by the Minister for Health and Ageing (Minister) under s 60 of the Therapeutic Goods Act 1989 (Cth) (the Act).  If the Minister upholds the decision to refuse registration, the sponsor can then seek a review on the merits[1] by the Administrative Appeals Tribunal (Tribunal).  read more

 

Read full article