Tag Archives: Gadens Lawyers

ILN Today Post

Customs release proposed international regulations for review

In a recent Update we brought you news on the proposed revision to the current Customs Regulations 1926 which are due to expire on 1 April 2015.

The earlier Update was in response to ACBPN 2015/05 which referred to the development of the new Regulations which would comprise a set of new “general” Regulations and a separate set of Regulations relating to Australia’s international obligations. More…

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Government to reduce FIRB screening threshold for foreign investment in agricultural land

The Commonwealth Government has announced a reduction to the Foreign Investment Review Board’s (“FIRB”) screening threshold for investments in agricultural land in a bid to increase scrutiny of foreign investment in Australia’s agricultural sector. From 1 March 2015 foreign purchases of agricultural land will be subject to FIRB screening when the cumulative value of agricultural investments by the foreign investor reaches the threshold of $15 Million, including the proposed purchase. More…

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United States CBP issues proposed regulations on AUSFTA requirements

Many of you would be aware that we have an FTA with the US (known as the AUSFTA).

You may also be aware that this year is the 10th anniversary of the AUSFTA coming into effect and no doubt the Federal Government and DFAT will be holding some form of glittering black tie function to commemorate the anniversary attended by the usual luminaries. More…

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Problems for lenders and brokers in proposed new ARNECC Participation Rules

Version 3 of ARNECC’s Participation Rules currently released for consultation will, if adopted, create problems for mortgagees and brokers.

In NSW, Victoria, South Australia, and Western Australia, mortgagees are currently required to take reasonable steps to identify mortgagors.  If reasonable steps are not taken, Registrars may refuse to register mortgages and may remove registered mortgages from the register. More…

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ILN Today Post

Customs announce reform to the Customs Regulations 1926

By way of ACBPN 2015/05, the Australian Customs and Border Protection Service (Customs) has announced the release of an Exposure Draft of the Customs Regulation 2015 (2015 Regulation).

The 2015 Regulation is proposed to replace the current Customs Regulations 1926 (1926 Regulations) which are due to expire on 1 April 2015 due to the “sunsetting” effect of the Legislative Instruments Act 2003. More…

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Glenn McGowan QC joins Gadens as Chief Counsel in Melbourne

Gadens in Melbourne is excited to announce the appointment of Glenn McGowan QC as Chief Counsel. Joining the firm from the Victorian Bar, Glenn practises in commercial law – principally in intellectual property and information technology. Prior to joining Gadens he spent 27 years at the Bar, the last 10 of which were as Senior Counsel.

Glenn is one of Melbourne’s most respected legal authorities and is widely recognised within the profession as a leader in his field. We are very excited about Glenn joining the firm – this is a unique, market-leading appointment, and progresses our strategy to further grow both our Disputes practice and our Intellectual Property & Technology Team“, says Grant Scott-Hayward, Gadens’ Chief Executive Officer in Melbourne. More…

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When does bullying occur ‘at work’?

A Full Bench of the Fair Work Commission has recently provided guidance on when a worker will be considered to be bullied at work.  Importantly, the Full Bench has adopted a narrow interpretation of when bullying will occur ‘at work’, despite acknowledging that the narrow interpretation may give rise to some arbitrary results. More…

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Supreme Court weighs in on ASADA and the Bombers: What is an arbitration?

In December 2014, the Australian Sports Anti-Doping Authority (ASADA), with the support of the Australian Football League (AFL), sought orders from the Supreme Court of Victoria under the Commercial Arbitration Act 2011 (Vic) (Act). These orders were for subpoenas to be issued requiring certain evidence (witnesses and documents) to be given at the AFL Anti-Doping Tribunal (Tribunal) hearing of ASADA’s prosecution of several players at the Essendon Football Club on allegations of doping through the use of the banned peptide Thymosin Beta-4. More…

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ILN Today Post

Supreme Court weighs in on ASADA and the Bombers: What is an arbitration?

In December 2014, the Australian Sports Anti-Doping Authority (ASADA), with the support of the Australian Football League (AFL), sought orders from the Supreme Court of Victoria under the Commercial Arbitration Act 2011 (Vic) (Act). These orders were for subpoenas to be issued requiring certain evidence (witnesses and documents) to be given at the AFL Anti-Doping Tribunal (Tribunal) hearing of ASADA’s prosecution of several players at the Essendon Football Club on allegations of doping through the use of the banned peptide Thymosin Beta-4. More…

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Customs finally confirms position on DDP transactions for GST and customs purposes

Background

Once upon a time (a long time ago), the Australian Customs and Border Protection Service (“Customs“) had issued a Notice describing its position on liabilities of parties to a DDP transaction in terms of obligations under the Customs Act 1901 (“Act“).

That Notice basically pushed most of the liabilities back to the overseas supplier/vendor in a manner consistent with the nature of DDP obligations.

That position seemed to have shifted in recent time and I was involved in a dispute where Customs was seeking to recover underpaid duty from the local buyer in a DDP transaction.  In that case, the relevant Customs officers advised that Customs was not bound by the Notice and reserved the right to take action against the Australian buyer.  Which caused some distress. More…

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