Tag Archives: Gadens Lawyers

ILN Today Post
December 13, 2011

Life in the Fast (Track) lane – policy drafting and the shipyard dilemma Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Limited [2011] FCAFC 145

By gadens

The recent decision of the Full Federal Court in Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Limited [2011] FCAFC 145 is the latest instalment in an ongoing saga over disputed loss calculation methods in Business Interruption (BI) policies.     read more
Posted in Asia Pacific | Legal Updates
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ILN Today Post
December 12, 2011

It’s beginning to look a lot like… the pre-Christmas (regulation) rush APRA releases latest consultation package re capital standards for insurers and the latest exposure drafts re the standard definition of flood

By gadens

The Australian Prudential Regulation Authority (APRA) has released a response paper and 14 draft prudential standards in a third round of consultations on its review of capital standards for general and life insurers.  As discussed in our April 2011 update (see here), according to APRA, the aims of the review include improving the risk sensitivity of the standards and achieving better alignment across APRA-regulated industries.              read more…
Posted in Asia Pacific | Legal Updates
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ILN Today Post
December 12, 2011

Governing charities and not for profits could get harder: Treasury releases consultation on not-for-profit governance arrangements

By gadens

On 8 December 2011, the Treasury released a consultation paper on current governance arrangements for the not for profit (NFP) sector. The Government is consulting on what the core organisational governance principles applying to a registered NFP should be. The consultation will form an important component of the Australian Charities and Not-for-profits Commission (ACNC) legislation commencing 1 July 2012.  Charities and NFPs should consider their governance arrangements in the context of the five governance principles identified in the consultation paper and take the opportunity to make a submission to Treasury.  read more…

Posted in Asia Pacific | Legal Updates
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ILN Today Post
December 12, 2011

Breaking News: VPAs (voluntary planning agreements) become less risky, less complex, and more effective

By gadens

The NSW Court of Appeal has this week unanimously reversed a July decision by the Land and Environment Court (regarding the 7,200 home Huntlee New Town development) which had thrown many pending negotiations for voluntary planning agreements into disarray, and had cast doubt on the validity of many planning agreements already entered into over the past five years.  read more… 

Posted in Asia Pacific | Legal Updates
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ILN Today Post
December 12, 2011

Complete Review of the NSW Planning System – First Report Released

By gadens

The NSW Government last week released an issues paper for public comment, as part of its 18 month review of the state’s planning system.  This document is the first tangible output from the review process, following a lengthy state-wide program of meetings undertaken by the review chairpersons, Tim Moore and Ron Dyer. Read on for our summary and critique of the Issues Paper and what lies ahead.  read more…

Posted in Asia Pacific | Legal Updates
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ILN Today Post
December 8, 2011

Business owners: Check your business names and trade marks now

By gadens

It is expected that from mid 2012 all business names will be registered nationally (rather than on a State or Territory basis) under a new business names registration system. read more…

Posted in Asia Pacific | Legal Updates
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ILN Today Post
December 5, 2011

When is it safe to dismiss employees?

By gadens

A string of recent unfair dismissal cases have seen employees reinstated to their former positions following dismissal for breaches of safety regulations and practices.  They have created a considerable grey area for practitioners and employers navigating the minefield of competing obligations under occupational health and safety (OHS) laws and the unfair dismissal provisions of the Fair Work Act 2009.  read more…

Posted in Asia Pacific | Legal Updates
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ILN Today Post
December 5, 2011

Update on OHS harmonisation

By gadens

The process of moving towards a harmonised national occupational health and safety system continues to create controversy and uncertainty, with some states indicating their intent to delay the commencement of harmonised laws.  We set out below a summary of the status of the Model Work Health and Safety Act in each jurisdiction. read more…

Posted in Asia Pacific | Legal Updates
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ILN Today Post
November 29, 2011

Social Finance in Australia: Finding funding for the not-for-profit sector

By gadens

On 25 November 2011, the Senate Economics References Committee released its report (Report) on its recent inquiry into the mechanisms and options for the development of financial products and services for not-for-profit organisations.  The issues considered in the report have the potential to trigger alternative financing arrangements for charities and not-for-profit organisations and create a framework for social investment through mechanisms such as social impact bonds. read more…

Posted in Asia Pacific | Legal Updates
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ILN Today Post
November 28, 2011

Contract and information disclosure options for retirement villages in Victoria – have your say

By gadens

On 19 October 2011 the Victorian Consumer Affairs Minister Michael O’Brien released a discussion paper which seeks feedback on ways to promote a better understanding of the rights and obligations of residents who live in retirement villages in Victoria, as well as a better understanding by potential residents of these rights and obligations (Discussion Paper).  read more…

Posted in Asia Pacific | Legal Updates
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