Author Archives: Anne Wardell

About Anne Wardell

Anne Wardell is Editorial Content Manager at Wolters Kluwer, CCH and co-administrator of the Law Chat site.

Challenging the proliferation of regulatory powers – the CFMEU decision, and related matters

By Bob Baxt, Emeritus Partner at Herbert Smith Freehills and long-time consultant for Wolters Kluwer CCH about emerging areas of the law I have written previous thought pieces on the proliferation of legislative initiatives by governments on all levels, but … Continue reading

Posted in ACCC, Competition and Consumer Law, Corporations Law | Leave a comment

Manner of applying for AAT review

Section 29(1)(c) of the Administrative Appeals Tribunal 1975 (Cth) provides that an application to the Tribunal for a review of a decision (subject to two exceptions) “must contain a statement of the reasons for the application”. In Re Department of … Continue reading

Posted in Administrative Law, Recent cases | Leave a comment

Costs against non-parties; two recent cases

First, in Selig v Wealthsure Pty Ltd [2015] HCA 18, the professional indemnity insurer asserted an entitlement to conduct an appeal from a decision of the Federal Court to a Full Court of the Federal Court on behalf of both … Continue reading

Posted in Courts, HIgh Court of Australia, Recent cases | Leave a comment

It’s not you, it’s me … How to exit from a joint venture and still remain friends

By Claire Boyd, Partner; Hanh Chau, Partner and Stephanie Patterson, Lawyer of Gilbert + Tobin Perhaps unsurprisingly in recent months we have experienced a sharp increase in queries from clients seeking a quick, easy and low-cost exit from their joint … Continue reading

Posted in Commercial Law, Property Law | Tagged | Leave a comment

New multinational anti-avoidance law to be introduced

An exposure draft Bill has been released to introduce a multinational anti-avoidance law into the general anti-avoidance provisions in Pt IVA of the Income Tax Assessment Act 1936. The Draft Tax Laws Amendment (Tax Integrity Multinational Anti-avoidance Law) Bill 2015 … Continue reading

Posted in Commercial Law, Tax | Tagged | Leave a comment

Recent company law case — Proportionate liability for misleading or deceptive conduct

The High Court has held that the proportionate liability provisions in Div 2A of Pt 7.10 (Div 2A) of the Corporations Act 2001 only apply to claims of misleading or deceptive conduct based on a contravention of s 1041H: Selig … Continue reading

Posted in Competition and Consumer Law, HIgh Court of Australia, Recent Cases - Competition and Consumer Law | Tagged , , | Leave a comment

Central Cleaning Supplies (Aust) Pty Ltd wins PPSA appeal on validity of ROT clause,

The Court of Appeal, constituted by Maxwell, Tate and Beach JJA, has allowed an appeal by Central Cleaning Supplies (Aust) Pty Ltd and upheld a number of retention of title clauses contained in various invoices. No security interest had been … Continue reading

Posted in PPS, PPSA, Recent cases | Tagged , | Leave a comment

The Harper Review – Many recommendations – but how many will be accepted? by Bob Baxt

By Bob Baxt, Emeritus Partner at Herbert Smith Freehills and long-time consultant for CCH about emerging areas of the law The Harper Final Report ( the Final Report ) on competition policy and law released on 31 March 2015 is … Continue reading

Posted in Competition and Consumer Law, Harper Review | Tagged , , | Leave a comment

Responses to the Harper Review Final Report

The Minister for Small Business, Bruce Billson and Professor Ian Harper attended a Press Conference in Melbourne to announce the release of the Final Report.  You can read a transcript of the conference here. Shadow Treasurer Chris Bowen issued a … Continue reading

Posted in Competition and Consumer Law, Harper Review | Tagged , , | Leave a comment

Harper Review: Section 46 Recommendations

Section 46 of the Competition and Consumer Act 2010 governs the misuse of market power and has long been a contentious area of law among lawyers and policy makers. The Harper Review’s Final Report, released on 31 March 2015 makes … Continue reading

Posted in Competition and Consumer Law, Harper Review | Tagged , , | Leave a comment

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