Author Archives: Anne Wardell

About Anne Wardell

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

Statutory demands — how to make them and how to resist them

Written by Peter Harkin, Partner at CBP Lawyers within the Restructuring and Insolvency team* In brief — Section 459E statutory demand and insolvency Under s 459C of the Corporations Act, a company is presumed to be insolvent if in the … Continue reading

Posted in Corporations Law, Uncategorized | Leave a comment

Corporate Law Reform Paper – The CAMAC “fiasco”/other tensions for the Federal Government by Bob Baxt

It is not surprising that a new government, with a different political persuasion will want to bring some new ideas into the area of corporate and security regulation. The Liberal National Party Coalition Government has shown its hand very early. … Continue reading

Posted in Competition and Consumer Law, General | Leave a comment

Australian M&A – Are merger authorisations now practical?

by Dr Martyn Taylor (Partner), Claire Forster (Senior Associate), David Turner (Solicitor) of Norton Rose Fulbright. 1. AGL’s successful merger authorisation in June 2014 To date, most merger clearances in Australia have involved a voluntary application for ‘informal clearance’ to … Continue reading

Posted in Competition and Consumer Law | Leave a comment

Proposed reform of the Federation

The Prime Minister has announced the government’s intention to create a White Paper on the reform of the Federation. The Department of the Prime Minister and Cabinet has established a Taskforce to develop the White Paper and it will be … Continue reading

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

Senate report into performance of ASIC is a wake-up call

The Senate Economics References Committee (the Committee) tabled its final report on the performance of the Australian Securities and Investments Commission (ASIC) on 26 June 2014. The report is over 500 pages long and makes 61 recommendations. In a media … Continue reading

Posted in Corporations Law, General, Legislation, Litigation | Leave a comment

Full Court of the Federal Court re-assesses penalties and costs

In Australian Competition and Consumer Commission v BAJV Pty Ltd [2014] FCAFC 52, the Full Court of the Federal Court heard an appeal against penalties and costs, and partially reassessed orders imposed in the primary proceedings. In the original Federal … Continue reading

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Key messages for industry following the Aviation Safety Regulation Review by Michael Tooma and Melissa Carnell

On 3 June the Australian Government released the Aviation Safety Regulation Report (Report) to the public, which sets out the findings of the Aviation Safety Regulation Review (Review). Led by a panel of leading independent aviation experts, the Review was … Continue reading

Posted in Work, Health & Safety | Leave a comment

Competition Law, Patent Law and Technology Globalisation by Mark Summerfield

As noted in the Competition Policy Review Issues Paper, a primary underlying rationale for the grant of intellectual property (IP) rights is the fact that “creations and ideas, once known, may otherwise be copied at little cost, leading to under-investment … Continue reading

Posted in Competition and Consumer Law, IP | Leave a comment

The new federalism? Or a recipe for financial and regulatory chaos! 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 impressive and informative report of the National Commission of Audit (the Audit Commission), delivered on 1 May 2014, again … Continue reading

Posted in Competition and Consumer Law | Leave a comment

Has the High Court tossed “unjust enrichment” out the window?

By Rufina Cheung, Editor, CCH Australia. The High Court recently held that: “the concept of unjust enrichment is not the basis of restitutionary relief in Australian law. The principle of disenrichment, like that of unjust enrichment, is inconsistent with the … Continue reading

Posted in Competition and Consumer Law, Contracts, General | Leave a comment

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