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Not using arbitration? Beware!

Dispute Resolution & Litigation

Not using arbitration? Beware!

A surprising number of Australian companies are failing to insert arbitration clauses into their contracts when the counter-party does not have a presence in Australia.

05 March 2018

High Court reviews ability to challenge adjudication determinations under SOPA legislation

Parties unhappy with an adjudication determination will need to pursue time consuming civil proceedings in order to seek to recover the amounts paid to the other party.

05 March 2018

Priority for Employment Entitlements in an Insolvency Protected: Statutory Priority Regimes Apply to Trading Trusts

The decision in Amerind has provided clarity on whether receivers and liquidators should apply the statutory priorities afforded to employee entitlements.

28 February 2018

Insurers rush to check access, co-operation and assistance obligations, following Federal Court decision

In a significant decision for the insurance industry, the Federal Court of Australia has granted leave to shareholders to bring a direct action against a company’s insurers where...

22 February 2018

Helping Australia’s Agribusinesses adapt to changes to Australia’s foreign bribery laws

New legislation may make Australian companies liable for bribery of foreign public officials undertaken anywhere in the world.

21 February 2018

Democratic Republic of Congo set to increase taxes on natural resources and revoke guarantees for mining companies

A recent bill by the DRC is likely to have a significant impact on international investors in the mining industry who will be immediately subject to higher royalties...

14 February 2018

Is your D&O Policy BEAR ready?

The Commonwealth Government’s Banking Executive Accountability Regime has recently been passed and awaits Assent from the Governor-General before taking effect.

13 February 2018

Updates from Day One – Banking Royal Commission

The initial public hearing of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Commission) was held on February 12.

13 February 2018

Australia praised for enforcement of foreign bribery offences

While generally positive, the OECD's Report pushed for further tightening of regulations and improved enforcement as Australia is a significant exporter to high risk countries and in high...

05 February 2018

Foreign Influence Transparency - will it impact you?

On 7 December 2017 the Foreign Influence Transparency Scheme Bill 2017 was introduced by the Australian Government.

29 January 2018

Proposed financial product design obligations and intervention powers

The Government has released draft legislation that proposes significant amendments to improve consumer protection in relation to financial and credit products.

22 December 2017

Australia tightens the belt on foreign bribery and corruption

The Australian Government has introduced a Bill which clarifies and increases the scope of conduct caught by foreign bribery offences and introduces a scheme encouraging self-reporting of breaches....

13 December 2017