http://www.corrs.com.au/home/ Latest content from www.corrs.com.au http://www.corrs.com.au/publications/m-and-a-alerts/m-and-a-year-in-review-2011/ The Corrs M&A Year in Review is an analysis of 61 schemes and takeover bids involving an Australian target, which is around 85% of the announced deals in 2011. Tue, 15 May 2012 11:42:24 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/m-and-a-year-in-review-2011/ http://www.corrs.com.au/news/corrs-advises-on-whitehaven-s-takeover-bid-for-coalworks/ Corrs Chambers Westgarth is advising Whitehaven Coal Limited (ASX:WHC) on its $170 million off-market takeover bid for Coalworks Limited (ASX:CWK). Mon, 14 May 2012 17:26:33 +1000 http://www.corrs.com.au/news/corrs-advises-on-whitehaven-s-takeover-bid-for-coalworks/ http://www.corrs.com.au/publications/tgif/choice-constructions-pty-ltd-v-janceski-no-3-2011-wasc-358/ Unconscionable conduct – a reminder Fri, 11 May 2012 15:57:43 +1000 http://www.corrs.com.au/publications/tgif/choice-constructions-pty-ltd-v-janceski-no-3-2011-wasc-358/ http://www.corrs.com.au/publications/corrs-in-brief/strict-interpretation-of-local-government-act-will-lead-to-practical-difficulties-for-local-government-prosecutions-recent-important-court-of-appeal-decision/ This In Brief examines the recent case of Ipswich City Council v Dixonbuild [2012] QCA 98. Thu, 10 May 2012 14:50:14 +1000 http://www.corrs.com.au/publications/corrs-in-brief/strict-interpretation-of-local-government-act-will-lead-to-practical-difficulties-for-local-government-prosecutions-recent-important-court-of-appeal-decision/ http://www.corrs.com.au/news/corrs-appoints-leading-hr-specialist-to-director-of-people-and-development/ Corrs Chambers Westgarth has appointed Ross Hargreaves as the firm’s new Director of People & Development. Wed, 09 May 2012 14:06:54 +1000 http://www.corrs.com.au/news/corrs-appoints-leading-hr-specialist-to-director-of-people-and-development/ http://www.corrs.com.au/thinking/insights/federal-budget-2012-major-business-tax-measures/ The Treasurer, the Hon Wayne Swan MP, has just delivered the most highly anticipated Budget speech for a long time. So what are the major business tax measures in the Budget that impact the Budget bottom line? Tue, 08 May 2012 14:27:37 +1000 http://www.corrs.com.au/thinking/insights/federal-budget-2012-major-business-tax-measures/ http://www.corrs.com.au/people/ayman-guirguis/ Ayman is the steady hand and cool head for his clients amidst the high pressure environment of competition law. Mon, 07 May 2012 13:20:20 +1000 http://www.corrs.com.au/people/ayman-guirguis/ http://www.corrs.com.au/publications/tgif/asic-secures-high-court-victory-against-james-hardie-directors/ Yesterday the High Court of Australia delivered its decision on an appeal brought by the Australian Securities and Investment Commission (*ASIC*) against 7 former non-executive directors (*Directors*) and the company secretary and general counsel (*Mr* *Shafron*) of James Hardie Industries Ltd (*JHIL*).  The High Court allowed the appeal and held that the primary judge was correct in finding that the Directors and Mr Shafron breached their duties to JHIL in approving a misleading ASX announcement. Fri, 04 May 2012 15:12:29 +1000 http://www.corrs.com.au/publications/tgif/asic-secures-high-court-victory-against-james-hardie-directors/ http://www.corrs.com.au/publications/corrs-in-brief/mysuper-authorisation-and-transition-to-mysuper/ On 3 May 2012 the Australian Prudential Regulation Authority (APRA) released its consultation package regarding MySuper authorisation. Fri, 04 May 2012 09:39:07 +1000 http://www.corrs.com.au/publications/corrs-in-brief/mysuper-authorisation-and-transition-to-mysuper/ http://www.corrs.com.au/news/corrs-finalist-15-alb-australasian-law-awards-2012/ ALB Magazine has announced that Corrs Chambers Westgarth is a finalist for 15 awards, across nine categories, at the ALB Australasian Law Awards 2012. Thu, 03 May 2012 15:37:46 +1000 http://www.corrs.com.au/news/corrs-finalist-15-alb-australasian-law-awards-2012/ http://www.corrs.com.au/publications/corrs-in-brief/privacy-law-reform-gaining-momentum/ Significant developments in Privacy Law reforms in Australia have occurred during Privacy Awareness Week, with the Australian Government announcing it will introduce major legislative reform of the Privacy Act. Thu, 03 May 2012 15:03:26 +1000 http://www.corrs.com.au/publications/corrs-in-brief/privacy-law-reform-gaining-momentum/ http://www.corrs.com.au/thinking/insights/new-structure-will-improve-financial-success-ppp-toll-roads/ Structural changes are needed to improve the financial performance of public-private toll road partnerships and attract investors to future projects. Thu, 03 May 2012 09:54:23 +1000 http://www.corrs.com.au/thinking/insights/new-structure-will-improve-financial-success-ppp-toll-roads/ http://www.corrs.com.au/publications/corrs-in-brief/greater-clarity-around-apras-prudential-standards-for-superannuation/ Following the release of a Discussion Paper on APRA’s proposed approach to implementation of the prudential standards on 28 September 2011, APRA invited comments on its proposals. Mon, 30 Apr 2012 16:09:25 +1000 http://www.corrs.com.au/publications/corrs-in-brief/greater-clarity-around-apras-prudential-standards-for-superannuation/ http://www.corrs.com.au/publications/corrs-in-brief/tranche-3-of-stronger-super-reforms/ The Government has released the draft legislation and explanatory memorandum for the third tranche of its Stronger Super reforms contained in the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Bill 2012. Mon, 30 Apr 2012 16:07:43 +1000 http://www.corrs.com.au/publications/corrs-in-brief/tranche-3-of-stronger-super-reforms/ http://www.corrs.com.au/publications/ip-watch/nrl-optus-full-court-dont-stream-its-over/ The Full Court unanimous decision in NRL v Optus, which upheld the football leagues’ appeal and held that Optus, the provider of a cloud-based TV recording service, was liable for copyright infringement by the provision of its service. Mon, 30 Apr 2012 13:08:05 +1000 http://www.corrs.com.au/publications/ip-watch/nrl-optus-full-court-dont-stream-its-over/ http://www.corrs.com.au/news/corrs-ceo-calls-for-greater-understanding-of-asia/ Corrs Chambers Westgarth Partner and CEO John W.H. Denton has called for greater understanding of the complexities in Asian cultures through increased education, linkages and interaction. Fri, 27 Apr 2012 14:52:27 +1000 http://www.corrs.com.au/news/corrs-ceo-calls-for-greater-understanding-of-asia/ http://www.corrs.com.au/publications/ip-watch/opening-the-floodgates/ In 2008, ICANN decided it would allow the registration of new generic top level domains. The application window for new gTLDs closed on 12 April 2012 with 839 applicants having applied for likely more than 1000 gTLDs. Fri, 27 Apr 2012 14:28:10 +1000 http://www.corrs.com.au/publications/ip-watch/opening-the-floodgates/ http://www.corrs.com.au/publications/tgif/appointment-of-provisional-liquidators-the-need-for-an-imminent-threat-to-assets/ On 7 December 2011, the Supreme Court of New South Wales (*Court*) delivered its decision in In the matter of Nugisi Pty Ltd [2011] NSWSC 1512, clarifying the circumstances in which courts will allow the appointment of a provisional liquidator. Fri, 27 Apr 2012 14:01:44 +1000 http://www.corrs.com.au/publications/tgif/appointment-of-provisional-liquidators-the-need-for-an-imminent-threat-to-assets/ http://www.corrs.com.au/publications/m-and-a-alerts/the-trouble-with-break-fees/ For many years there have been concerns that the payment of a break fee by the target company could be construed as unlawful financial assistance. Fri, 27 Apr 2012 14:00:02 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/the-trouble-with-break-fees/ http://www.corrs.com.au/thinking/insights/2011-m-and-a-transactions-surveying-the-landscape/ The Corrs' M&A team has conducted a deal survey with a difference, taking into account more than just the usual questions and focussing on presenting results that are practical, succinct and, most importantly, relevant to M&A practitioners and to the Fri, 27 Apr 2012 11:26:29 +1000 http://www.corrs.com.au/thinking/insights/2011-m-and-a-transactions-surveying-the-landscape/ http://www.corrs.com.au/thinking/insights/australia-in-the-asian-century-foreign-investment-2010-11-annual-report/ At a time when Australia is considering its position in the Asian Century, the Foreign Investment Review Board (FIRB) has released its 2010/2011 Annual Report. Thu, 26 Apr 2012 15:27:31 +1000 http://www.corrs.com.au/thinking/insights/australia-in-the-asian-century-foreign-investment-2010-11-annual-report/ http://www.corrs.com.au/publications/leadership-speeches/thinking-about-the-asian-century/ This speech was delivered by Partner & CEO John W.H. Denton at the Eaber Saber Public Forum on "Thinking about the Asian Century", held at the Australian National University (ANU) on 18 April 2012. Tue, 24 Apr 2012 16:25:34 +1000 http://www.corrs.com.au/publications/leadership-speeches/thinking-about-the-asian-century/ http://www.corrs.com.au/thinking/insights/contractor-beware-ict-contracting-for-ppps/ Governments are increasingly looking to public private partnerships to solve the ever growing demand for new hospitals in Australia. Mon, 23 Apr 2012 15:23:33 +1000 http://www.corrs.com.au/thinking/insights/contractor-beware-ict-contracting-for-ppps/ http://www.corrs.com.au/thinking/insights/investing-in-mining-related-infrastructure-what-investors-contractors-should-know/ Australia’s vast mining and resources sector has an unquenchable thirst for infrastructure. Billions of dollars needs to be invested in roads, railways and port facilities to support the sector’s export chain. Mon, 23 Apr 2012 14:35:39 +1000 http://www.corrs.com.au/thinking/insights/investing-in-mining-related-infrastructure-what-investors-contractors-should-know/ http://www.corrs.com.au/news/corrs-co-hosts-visa-australia-ceo-vipin-kalra-with-the-crescent-club/ On 19 April 2012, the Corrs Sydney office co-hosted a cocktail event with The Crescent Club, with Vipin Kalra, Managing Director and CEO of Visa Australia as the guest speaker. Fri, 20 Apr 2012 15:59:18 +1000 http://www.corrs.com.au/news/corrs-co-hosts-visa-australia-ceo-vipin-kalra-with-the-crescent-club/ http://www.corrs.com.au/publications/tgif/public-examinations-conducted-by-receivers-constitutionally-valid/ The recent case of Saraceni v Jones [2012] WASCA 59 has examined whether a court has the power under the Constitution to order public examinations pursuant to ss 596A and 597 of the Corporations Act 2001 (Cth) (*Act*) where a corporation is in receivership and/or its property is in the possession of a mortgagee. Fri, 20 Apr 2012 14:42:46 +1000 http://www.corrs.com.au/publications/tgif/public-examinations-conducted-by-receivers-constitutionally-valid/ http://www.corrs.com.au/publications/ip-watch/roadshow-films-v-iinet/ Summary Fri, 20 Apr 2012 12:56:06 +1000 http://www.corrs.com.au/publications/ip-watch/roadshow-films-v-iinet/ http://www.corrs.com.au/publications/ip-watch/google-more-than-a-mere-conduit-accc-v-google-inc/ On 3 April 2012, the Full Federal Court unanimously held that Google engaged in misleading or deceptive conduct. In doing so, the court overturned Nicholas J’s trial decision which found that Google had merely communicated representations made by the Fri, 20 Apr 2012 12:26:21 +1000 http://www.corrs.com.au/publications/ip-watch/google-more-than-a-mere-conduit-accc-v-google-inc/ http://www.corrs.com.au/people/staff/laura-keily/ Global exposure, high-profile clients, experience in technically complex matters – Laura is a sharp legal mind who makes it her priority to deliver for her clients. Fri, 20 Apr 2012 12:16:21 +1000 http://www.corrs.com.au/people/staff/laura-keily/ http://www.corrs.com.au/news/corrs-ceo-advises-trans-tasman-powerbrokers/ Corrs Chambers Westgarth Partner and CEO John W.H. Denton has told Trans Tasman government and business leaders that Australia and New Zealand must embrace regional integration to enhance competitiveness. Fri, 20 Apr 2012 11:27:48 +1000 http://www.corrs.com.au/news/corrs-ceo-advises-trans-tasman-powerbrokers/ http://www.corrs.com.au/thinking/insights/new-sasac-rules-signal-greater-transparency-and-accountability/ There has been some suggestion that there is a “crackdown” by Chinese authorities on outbound foreign direct investment (OFDI) by Chinese State-owned Enterprises. Thu, 19 Apr 2012 17:56:29 +1000 http://www.corrs.com.au/thinking/insights/new-sasac-rules-signal-greater-transparency-and-accountability/ http://www.corrs.com.au/publications/ip-watch/so-australia-has-raised-the-bar-in-ip-what-do-i-need-to-know/ The recently enacted Intellectual Property Laws Amendment (Raising the Bar) Act 2012 makes significant changes to Australia’s patent, trade mark and copyright laws which affect patentees and brand owners. Thu, 19 Apr 2012 17:18:10 +1000 http://www.corrs.com.au/publications/ip-watch/so-australia-has-raised-the-bar-in-ip-what-do-i-need-to-know/ http://www.corrs.com.au/thinking/insights/radio-industry-welcomes-decision-by-high-court-to-uphold-cap-on-royalties/ Commercial broadcasters all around Australia breathed a sigh of relief last month when the High Court handed the industry a crucial victory. Wed, 18 Apr 2012 16:06:52 +1000 http://www.corrs.com.au/thinking/insights/radio-industry-welcomes-decision-by-high-court-to-uphold-cap-on-royalties/ http://www.corrs.com.au/thinking/insights/infrastructure-reform-in-queensland-solutions-for-the-21st-century/ Important infrastructure projects in Queensland are being hampered by outdated legislation which is in urgent need of reform. Wed, 18 Apr 2012 15:40:12 +1000 http://www.corrs.com.au/thinking/insights/infrastructure-reform-in-queensland-solutions-for-the-21st-century/ http://www.corrs.com.au/news/corrs-appoints-expert-in-the-law-of-misleading-conduct/ Corrs Chambers Westgarth has appointed Colin Lockhart, an expert in misleading and deceptive conduct law, as counsel in the Litigation Group based in Perth. Tue, 17 Apr 2012 17:58:40 +1000 http://www.corrs.com.au/news/corrs-appoints-expert-in-the-law-of-misleading-conduct/ http://www.corrs.com.au/publications/ip-watch/royalty-cap-remains-ppca-v-cth/ The Austalian High Court yesterday upheld the constitutional validity of the fixed cap on compulsory licence fees payable by radio broadcasters to copyright owners under the Copyright Act 1968 (Cth). Tue, 17 Apr 2012 16:28:20 +1000 http://www.corrs.com.au/publications/ip-watch/royalty-cap-remains-ppca-v-cth/ http://www.corrs.com.au/publications/ip-watch/no-use-but-revasc-trade-mark-remains-registered-in-the-face-of-attack/ Where there are significant delays in bringing a product to market, a trade mark registration is vulnerable to a non-use attack. Tue, 17 Apr 2012 16:21:46 +1000 http://www.corrs.com.au/publications/ip-watch/no-use-but-revasc-trade-mark-remains-registered-in-the-face-of-attack/ http://www.corrs.com.au/publications/ip-watch/ppca-v-commercial-radio-australia-simulcasting-via-the-internet/ Phonographic Performance Company of Australia Ltd v Commercial Radio Australia Ltd [2012] FCA 93 was a significant case which challenged the right of commercial radio broadcasters to “simulcast” PPCA’s sound recordings via the Internet at the same ti Tue, 17 Apr 2012 16:11:57 +1000 http://www.corrs.com.au/publications/ip-watch/ppca-v-commercial-radio-australia-simulcasting-via-the-internet/ http://www.corrs.com.au/thinking/insights/crossing-the-river-by-feeling-stones-china-s-internationalisation-of-the-rmb/ The currency swap agreement between Australia and China is a positive step forward in our relationship with our largest trading partner. But it’s about more than that… Tue, 17 Apr 2012 14:49:30 +1000 http://www.corrs.com.au/thinking/insights/crossing-the-river-by-feeling-stones-china-s-internationalisation-of-the-rmb/ http://www.corrs.com.au/publications/corrs-in-brief/changed-requirements-for-hazardous-chemicals-and-registration-of-plant-in-queensland/ The Work Health and Safety Act 2011 (Qld) is part of a national package of uniform work health and safety legislation. It repealed the Dangerous Goods Safety Management Act 2001 (Qld) and as of 1 January 2012 regulates dangerous goods in Queensland, Fri, 13 Apr 2012 13:53:04 +1000 http://www.corrs.com.au/publications/corrs-in-brief/changed-requirements-for-hazardous-chemicals-and-registration-of-plant-in-queensland/ http://www.corrs.com.au/news/mundaring-water-ppp-wins-ipa-national-infrastructure-award/ The Mundaring Water Treatment Plant project was recognised with the “Government Partnership Excellence Award” by Infrastructure Partners Australia (IPA) at their Annual Infrastructure Oration and 2012 National Infrastructure Awards. The sixth annual IPA Awards were held in Sydney last week to honour the best in the industry. Fri, 13 Apr 2012 13:48:49 +1000 http://www.corrs.com.au/news/mundaring-water-ppp-wins-ipa-national-infrastructure-award/ http://www.corrs.com.au/publications/tgif/liquidators-and-litigation-funders-the-production-and-confidentiality-of-documents/ On 3 February 2012, the Federal Court of Australia delivered its decision in the case of ABC Learning Centres Limited (ABC), in the matter of ABC Learning Centres Limited; application by Walker (No.11) [2012] FCA 40 in relation to the production of documents by a banking syndicate to liquidators and a litigation funder pursuant to public examinations. Fri, 13 Apr 2012 11:51:52 +1000 http://www.corrs.com.au/publications/tgif/liquidators-and-litigation-funders-the-production-and-confidentiality-of-documents/ http://www.corrs.com.au/publications/corrs-in-brief/recent-environmental-decisions-concerning-energy-and-resources-projects/ This In Brief addresses three recent cases of relevance to Energy & Resources Projects. Fri, 13 Apr 2012 09:14:33 +1000 http://www.corrs.com.au/publications/corrs-in-brief/recent-environmental-decisions-concerning-energy-and-resources-projects/ http://www.corrs.com.au/publications/corrs-in-brief/proposed-victorian-landholder-rules-set-to-expand-duty-base/ On 10 April 2012, the Victorian Government released an exposure draft of the Duties Amendment (Landholder) Bill 2012, which introduces a landholder duty model into the Duties Act 2000 (Vic) to operate from 1 July 2012. Thu, 12 Apr 2012 16:26:28 +1000 http://www.corrs.com.au/publications/corrs-in-brief/proposed-victorian-landholder-rules-set-to-expand-duty-base/ http://www.corrs.com.au/publications/corrs-in-brief/orica-pleads-guilty-to-pollution-incident-at-kooragang-island-plant/ The leak of the chemical chromium VI at Orica’s ammonia plant on Kooragang Island led to Parliament establishing the Select Committee to examine the response to the leak by both the Government and Orica. Its findings were published in a report on 23 Wed, 11 Apr 2012 13:51:36 +1000 http://www.corrs.com.au/publications/corrs-in-brief/orica-pleads-guilty-to-pollution-incident-at-kooragang-island-plant/ http://www.corrs.com.au/publications/corrs-in-brief/simplification-of-procedure-for-making-local-environmental-plans/ On 27 March 2012, the NSW Department of Planning & Infrastructure exhibited Draft Policy Statement on Plan-making and Delegations. The Statement proposes to simplify the procedure for making local environmental plans “more local and accountable". Wed, 11 Apr 2012 12:29:18 +1000 http://www.corrs.com.au/publications/corrs-in-brief/simplification-of-procedure-for-making-local-environmental-plans/ http://www.corrs.com.au/publications/corrs-in-brief/carbon-offset-condition-will-only-be-imposed-in-limited-circumstances/ Recently, the Land and Environment Court handed down its decision in Hunter Environment Lobby Inc v Minister for Planning (No 2) [2012] NSWLEC 40 and, contrary to an earlier finding, declined to impose conditions requiring Ulan Coal Mines Ltd (Ulan) Wed, 11 Apr 2012 12:23:47 +1000 http://www.corrs.com.au/publications/corrs-in-brief/carbon-offset-condition-will-only-be-imposed-in-limited-circumstances/ http://www.corrs.com.au/thinking/insights/lessons-from-the-ludawici-takeover/ The Takeover Panel is the Commercial Dispute Resolution body that settles takeover disputes and it’s generally agreed that the Panel has been spectacularly successful. But one of their recent decisions has created more uncertainty rather then resolu Wed, 11 Apr 2012 11:05:33 +1000 http://www.corrs.com.au/thinking/insights/lessons-from-the-ludawici-takeover/ http://www.corrs.com.au/thinking/insights/good-corporate-governance-and-the-role-of-gatekeepers/ ASIC chairman Greg Metcalf has been increasingly emphasising his willingness to look for gatekeepers and impose upon them higher standards in relation to how they help corporations deliver good governance and corporate outcomes. Wed, 11 Apr 2012 10:26:54 +1000 http://www.corrs.com.au/thinking/insights/good-corporate-governance-and-the-role-of-gatekeepers/ http://www.corrs.com.au/thinking/insights/insolvent-trading-five-golden-rules-for-australian-businesses/ Will tough economic conditions be the catalyst for insolvent trading law reform? Wed, 11 Apr 2012 10:01:51 +1000 http://www.corrs.com.au/thinking/insights/insolvent-trading-five-golden-rules-for-australian-businesses/ http://www.corrs.com.au/publications/tgif/valuing-debts-for-the-purposes-of-creditors-voting-powers/ “I’ve never ever, in my entire business life, seen anything at this rate....My staff have done the calculation and they believe [the interest was] at the rate of 142 percent per annum”. Thu, 05 Apr 2012 14:50:10 +1000 http://www.corrs.com.au/publications/tgif/valuing-debts-for-the-purposes-of-creditors-voting-powers/ http://www.corrs.com.au/publications/corrs-in-brief/accc-google-competitors-names-sponsored-links-control/ On 3 April 2012, the Full Court of the Federal Court of Australia delivered a landmark decision in the long running proceedings between the Australian Competition and Consumer Commission (ACCC) and Google Inc. Thu, 05 Apr 2012 14:35:59 +1000 http://www.corrs.com.au/publications/corrs-in-brief/accc-google-competitors-names-sponsored-links-control/ http://www.corrs.com.au/publications/corrs-in-depth/fair-work-act-review-and-key-developments-in-enterprise-bargaining/ In this paper, we provide an update on the progress of the Fair Work Act Review and a round-up of some significant recent decisions dealing with enterprise bargaining and protected industrial action. Wed, 04 Apr 2012 14:23:31 +1000 http://www.corrs.com.au/publications/corrs-in-depth/fair-work-act-review-and-key-developments-in-enterprise-bargaining/ http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-strategic-regional-land-use-policy-coal-and-gas-projects-on-near-strategic-agricultural-land/ The NSW Government has released a number of draft plans, policies and guidelines that deliver on its Strategic Regional Land Use Policy - but what impact will this have on coal and gas projects on or near strategic agricultural land? Wed, 04 Apr 2012 11:49:35 +1000 http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-strategic-regional-land-use-policy-coal-and-gas-projects-on-near-strategic-agricultural-land/ http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-strategic-regional-land-use-policy-developments-regional-areas/ The NSW Government has released a number of draft plans, policies and guidelines that deliver on its Strategic Regional Land Use Policy - but what impact will this have on developments in regional areas? Wed, 04 Apr 2012 11:41:46 +1000 http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-strategic-regional-land-use-policy-developments-regional-areas/ http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-the-strategic-regional-land-use-policy-large-projects-requiring-dewatering/ The NSW Government has released a number of draft plans, policies and guidelines that deliver on its Strategic Regional Land Use Policy - but how will this impage large projects requiring dewatering? Wed, 04 Apr 2012 10:50:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-the-strategic-regional-land-use-policy-large-projects-requiring-dewatering/ http://www.corrs.com.au/news/corrs-advises-on-fortescue-s-us-2-0-billion-high-yield-financing/ Corrs Chambers Westgarth has advised the joint book-running managers J.P. Morgan Securities; Merrill Lynch, Pierce, Fenner & Smith, Inc.; Citigroup Global Markets, Inc.; Credit Suisse Securities; Deutsche Bank Securities, Inc.; RBS Securities, Inc.; and UBS Securities on a US$2.0 billion high yield bond offering by Fortescue Metals Group (FMG). Tue, 03 Apr 2012 14:45:08 +1000 http://www.corrs.com.au/news/corrs-advises-on-fortescue-s-us-2-0-billion-high-yield-financing/ http://www.corrs.com.au/news/deborah-thomas-tells-her-story-at-corrs-women-in-business-event/ Leading women from business, government, education and the community converged on Corrs’ Melbourne office to hear Deborah Thomas, one of Australia’s most influential women in media, tell “Her Story”. Mon, 02 Apr 2012 17:13:14 +1000 http://www.corrs.com.au/news/deborah-thomas-tells-her-story-at-corrs-women-in-business-event/ http://www.corrs.com.au/careers/life-at-corrs/deborah-thomas-her-story-corrs-women-in-business-event/ On 19 March, leading women from business, government, education and the community came together to hear Deborah Thomas, one of Australia’s most influential women in media, tell “Her Story”. Mon, 02 Apr 2012 17:07:31 +1000 http://www.corrs.com.au/careers/life-at-corrs/deborah-thomas-her-story-corrs-women-in-business-event/ http://www.corrs.com.au/publications/corrs-in-brief/new-south-wales-stamp-duty-changes/ An amending bill has been introduced into the New South Wales Parliament which will make significant changes to the corporate reconstruction exemption provisions and introduce a specific anti-avoidance measure into the landholder duty provisions. Mon, 02 Apr 2012 16:56:58 +1000 http://www.corrs.com.au/publications/corrs-in-brief/new-south-wales-stamp-duty-changes/ http://www.corrs.com.au/publications/corrs-in-brief/farewell-to-the-abcc-changes-to-regulation-of-the-building-and-construction-industry/ On 21 March 2012, the Senate passed the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011. The Bill will come into operation when it receives Royal Assent. Mon, 02 Apr 2012 16:43:37 +1000 http://www.corrs.com.au/publications/corrs-in-brief/farewell-to-the-abcc-changes-to-regulation-of-the-building-and-construction-industry/ http://www.corrs.com.au/publications/tgif/unfair-preference-transactions-and-payments-ato/ The Federal Court's decision in Kassem and Secatore v Commissioner of Taxation [2012] FCA 152 clarifying when payments made to the Commissioner of Taxation in the six months prior to the winding up of the company will be unfair preferences. Fri, 30 Mar 2012 15:23:58 +1100 http://www.corrs.com.au/publications/tgif/unfair-preference-transactions-and-payments-ato/ http://www.corrs.com.au/thinking/insights/minerals-resource-rent-tax-all-systems-go/ Subject to the possibility of a successful High Court challenge, and perhaps the outside chance of a Federal Election being called, Australia will have a new tax on iron ore and coal mining with effect from 1 July 2012. Thu, 29 Mar 2012 13:49:45 +1100 http://www.corrs.com.au/thinking/insights/minerals-resource-rent-tax-all-systems-go/ http://www.corrs.com.au/publications/m-and-a-alerts/deal-protection-2011-wrap-up/ 2011 is drawing to a close. If anecdotal evidence is anything to go by, the first half of the year was a hotbed of mergers and acquisition activity, but the second half of the year was plagued by false starts and uncertainty due to market volatility. Thu, 29 Mar 2012 11:40:25 +1100 http://www.corrs.com.au/publications/m-and-a-alerts/deal-protection-2011-wrap-up/ http://www.corrs.com.au/publications/m-and-a-alerts/truth-in-takeovers-policy-more-honoured-in-the-breach-than-observance/ An appeal Panel has declined to commence proceedings in relation to separate appeals brought by FLSmidth and Weir of the decision in Ludowici Limited [2012] ATP 3. Wed, 28 Mar 2012 17:44:16 +1100 http://www.corrs.com.au/publications/m-and-a-alerts/truth-in-takeovers-policy-more-honoured-in-the-breach-than-observance/ http://www.corrs.com.au/publications/corrs-in-brief/transfer-pricing-a-changing-landscape/ Australia's domestic transfer pricing provision, Division 13 of the Income Tax Assessment Act 1936, was introduced in 1982. However, until 2008, there had been no substantive decision concerning its operation. Recent developments are set to change t Mon, 26 Mar 2012 14:45:59 +1100 http://www.corrs.com.au/publications/corrs-in-brief/transfer-pricing-a-changing-landscape/ http://www.corrs.com.au/publications/corrs-in-brief/independent-media-inquiry-another-report-another-recommendation/ Reports of the News of the World phone-hacking scandal and the ensuing investigations in the UK during 2011 resulted in calls for the Australian media to be similarly investigated. Mon, 26 Mar 2012 14:02:33 +1100 http://www.corrs.com.au/publications/corrs-in-brief/independent-media-inquiry-another-report-another-recommendation/ http://www.corrs.com.au/publications/corrs-in-brief/epa-releases-draft-environmental-guidelines-on-the-publication-of-monitoring-data/ In January 2012, the NSW Environment Protection Authority released draft guidelines which set out the requirements for holders of environment protection licences to publish pollution monitoring data. Invitations for public comments closed on 24 Febru Mon, 26 Mar 2012 13:29:37 +1100 http://www.corrs.com.au/publications/corrs-in-brief/epa-releases-draft-environmental-guidelines-on-the-publication-of-monitoring-data/ http://www.corrs.com.au/publications/tgif/how-are-employee-entitlements-to-be-paid-when-receivers-and-liquidators-are-appointed-concurrently/ On 22 February 2012, the WA Supreme Court handed down its decision in Re Great Southern Ltd (Receivers and Managers Appointed) (in liq); Ex parte Thackray [2012] WASC 59. Fri, 23 Mar 2012 15:00:52 +1100 http://www.corrs.com.au/publications/tgif/how-are-employee-entitlements-to-be-paid-when-receivers-and-liquidators-are-appointed-concurrently/ http://www.corrs.com.au/publications/corrs-in-brief/time-for-australian-contracts-act/ Contract law forms one of the most important elements of any legal framework. It is therefore of the utmost importance that Australian contract law maximises the simplicity, efficiency and utility of market interactions for the benefit of all Austral Fri, 23 Mar 2012 12:33:09 +1100 http://www.corrs.com.au/publications/corrs-in-brief/time-for-australian-contracts-act/ http://www.corrs.com.au/careers/life-at-corrs/corrs-releases-asx-compliant-diversity-policy/ Corrs Chambers Westgarth has taken another bold step towards enabling a diverse workforce by publicly releasing its ASX compliant ‘Diversity Policy’ at the firm’s celebration of International Women’s Day. Wed, 21 Mar 2012 17:38:00 +1100 http://www.corrs.com.au/careers/life-at-corrs/corrs-releases-asx-compliant-diversity-policy/ http://www.corrs.com.au/careers/life-at-corrs/corrs-clerks-develop-social-media-guide-for-inspire/ Corrs Chambers Westgarth’s Sydney Summer Clerks have presented a comprehensive ‘Social Media Guide for Staff & Volunteers’ to the Inspire Foundation, the organisation behind leading youth mental health service ReachOut.com. Wed, 21 Mar 2012 17:36:19 +1100 http://www.corrs.com.au/careers/life-at-corrs/corrs-clerks-develop-social-media-guide-for-inspire/ http://www.corrs.com.au/careers/life-at-corrs/corrs-grad-careers-take-off-with-launch-of-innovative-new-program/ Corrs Chambers Westgarth has unveiled a new graduate development program – called Launch - with the arrival of its 2012 Graduates. Wed, 21 Mar 2012 17:33:48 +1100 http://www.corrs.com.au/careers/life-at-corrs/corrs-grad-careers-take-off-with-launch-of-innovative-new-program/ http://www.corrs.com.au/publications/corrs-in-brief/queensland-floods-commission-of-inquiry-report-and-the-resources-industry/ To anyone with experience of the impacts of the 2010/2011 heavy rain on water balance issues at mine sites, and the DERM response to those difficult circumstances, the Commission’s recommendations make perfect sense. Wed, 21 Mar 2012 11:09:40 +1100 http://www.corrs.com.au/publications/corrs-in-brief/queensland-floods-commission-of-inquiry-report-and-the-resources-industry/ http://www.corrs.com.au/publications/corrs-in-brief/are-critical-infrastructure-declarations-and-approvals-reviewable/ In the decision of Haughton v Minister for Planning and Macquarie Generation; Haughton v Minister for Planning and TRUenergy Pty Ltd [2011] NSWLEC 217, the Land and Environment Court held that critical infrastructure declarations and approvals are reviewable, even where Ministerial permission to bring proceedings has been refused. Mon, 19 Mar 2012 17:25:55 +1100 http://www.corrs.com.au/publications/corrs-in-brief/are-critical-infrastructure-declarations-and-approvals-reviewable/ http://www.corrs.com.au/publications/corrs-in-brief/taxation-gains-by-foreign-residents-on-nonportfolio-interests-mining-companies/ The ATO's recent decisions regarding Australia's capital gains tax regime highlight the importance of getting the sale/purchase price allocation right. Mon, 19 Mar 2012 15:06:33 +1100 http://www.corrs.com.au/publications/corrs-in-brief/taxation-gains-by-foreign-residents-on-nonportfolio-interests-mining-companies/ http://www.corrs.com.au/news/leading-competition-and-consumer-law-specialist-joins-corrs/ Corrs Chambers Westgarth has appointed leading cartel and merger clearance expert, Ayman Guirguis, as a partner and head of Corrs’ Competition & Regulatory Practice. Mon, 19 Mar 2012 11:59:18 +1100 http://www.corrs.com.au/news/leading-competition-and-consumer-law-specialist-joins-corrs/ http://www.corrs.com.au/publications/tgif/the-impact-of-bankruptcy-on-proceedings-commenced-by-a-person-in-his-or-her-capacity-as-trustee/ On 2 February 2012, the Western Australian Supreme Court gave its decision in Duckworth (as trustee for the Ocean Farm Trust) v Water Corporation [2012] WASC 30. The question the Court was asked to consider was whether s 60(2) of the Bankruptcy Act 1966 (Cth) (*Act*)* *operated to stay civil proceedings commenced by a person in their capacity as trustee in circumstances where that person had become bankrupt after the proceedings had been instituted. Fri, 16 Mar 2012 14:45:29 +1100 http://www.corrs.com.au/publications/tgif/the-impact-of-bankruptcy-on-proceedings-commenced-by-a-person-in-his-or-her-capacity-as-trustee/ http://www.corrs.com.au/news/corrs-lawyers-design-early-career-progression-with-introduction-of-associate-position/ Corrs Chambers Westgarth has announced an innovative new role between Lawyer and Senior Associate called Associate. Wed, 14 Mar 2012 16:45:14 +1100 http://www.corrs.com.au/news/corrs-lawyers-design-early-career-progression-with-introduction-of-associate-position/ http://www.corrs.com.au/publications/corrs-in-brief/sustainable-planning-other-legislation-amendment-act-2012-amendments/ *This e-newsletter summarises recent changes to the Sustainable Planning Act 2009 (**SPA), the Urban Land Development Authority Act 2007, the Local Government Act 2009 and the Building Act 1975 introduced by the Sustainable Planning and Other Legislation Amendment Act 2012 (**SPOLA Act).* Wed, 14 Mar 2012 12:46:17 +1100 http://www.corrs.com.au/publications/corrs-in-brief/sustainable-planning-other-legislation-amendment-act-2012-amendments/ http://www.corrs.com.au/news/corrs-eowa-employer-of-choice-for-women-sixth-successive-year/ Corrs Chambers Westgarth has been named an Employer of Choice by the Federal Government's Equal Opportunity for Women in the Workplace Agency (EOWA) for the sixth successive year. Tue, 13 Mar 2012 14:05:03 +1100 http://www.corrs.com.au/news/corrs-eowa-employer-of-choice-for-women-sixth-successive-year/ http://www.corrs.com.au/thinking/insights/social-media-manage-risks-leverage-power/ The power of social media has revolutionised the way consumers connect with brands, connect with other consumers to discuss brands, and source other consumers’ opinions about brands. But what are the legal issues you should be aware of? Fri, 09 Mar 2012 14:45:58 +1100 http://www.corrs.com.au/thinking/insights/social-media-manage-risks-leverage-power/ http://www.corrs.com.au/publications/tgif/the-high-court-cautions-against-refinancing-a-farm-debt-following-a-farm-debt-mediation/ Last week, the High Court shed some useful light on the meaning of “farm mortgage” under the Farm Debt Mediation Act 1994 (NSW) (*Act*) in its decision of Waller v Hargraves Secured Investments Ltd [2012] HCA 4.  Fri, 09 Mar 2012 14:06:37 +1100 http://www.corrs.com.au/publications/tgif/the-high-court-cautions-against-refinancing-a-farm-debt-following-a-farm-debt-mediation/ http://www.corrs.com.au/publications/corrs-in-brief/announced-changes-to-australian-general-anti-avoidance-rule-gaar/ The government’s action is in direct response to concerns about recent court losses suffered by the Australian Taxation Office (ATO) in seeking to apply the GAAR to transactions or arrangements entered into by some of Australia’s largest taxpayers. Thu, 08 Mar 2012 15:58:18 +1100 http://www.corrs.com.au/publications/corrs-in-brief/announced-changes-to-australian-general-anti-avoidance-rule-gaar/ http://www.corrs.com.au/news/corrs-ceo-john-denton-reappointed/ The Corrs Chambers Westgarth partnership has announced the reappointment of John W H Denton as Chief Executive Officer until 2017. Thu, 08 Mar 2012 15:43:00 +1100 http://www.corrs.com.au/news/corrs-ceo-john-denton-reappointed/ http://www.corrs.com.au/thinking/external/corrs-environment-team-acts-in-landmark-climate-change-case-in-victoria/ Our Melbourne Environment team recently acted for the Environment Protection Authority Victoria in a high profile, complex and intensely contested climate change case in the Victorian Civil and Administrative Tribunal. Wed, 07 Mar 2012 15:56:04 +1100 http://www.corrs.com.au/thinking/external/corrs-environment-team-acts-in-landmark-climate-change-case-in-victoria/ http://www.corrs.com.au/publications/corrs-in-brief/tga-pursues-importer-court-imposes-penalty/ The Therapeutic Goods Administration (TGA) brought proceedings against a sports supplement importer, Export Corporation (Australia) Pty Limited (Export Corporation), for importing and supplying therapeutic goods not registered on the Australian Register of Therapeutic Goods (ARTG). Wed, 07 Mar 2012 14:04:31 +1100 http://www.corrs.com.au/publications/corrs-in-brief/tga-pursues-importer-court-imposes-penalty/ http://www.corrs.com.au/publications/corrs-in-brief/finkelstein-report-how-do-you-solve-the-media-puzzle/ This report provides a detailed, scholarly analysis of the role of the media in Australia which, irrespective of whether its recommendations are adopted, will inform analysis of media markets for some years to come. Wed, 07 Mar 2012 11:26:58 +1100 http://www.corrs.com.au/publications/corrs-in-brief/finkelstein-report-how-do-you-solve-the-media-puzzle/ http://www.corrs.com.au/news/corrs-grad-careers-take-off-with-launch-of-innovative-new-program/ Corrs Chambers Westgarth has unveiled a new graduate development program – called Launch - with the arrival of its 2012 Graduates. Tue, 06 Mar 2012 16:54:04 +1100 http://www.corrs.com.au/news/corrs-grad-careers-take-off-with-launch-of-innovative-new-program/ http://www.corrs.com.au/publications/corrs-in-brief/new-requirements-for-pollution-incident-response-management-plans/ The Protection of the Environment Legislation Amendment Act 2011 (NSW) makes notable changes to the Protection of the Environment Operations Act 1997 (NSW) and aims to improve the reporting and management of pollution incidents in New South Wales. Tue, 06 Mar 2012 15:20:17 +1100 http://www.corrs.com.au/publications/corrs-in-brief/new-requirements-for-pollution-incident-response-management-plans/ http://www.corrs.com.au/publications/tgif/the-european-court-of-justice-adds-to-the-global-debate-on-isp-liability-for-illegal-downloading/ Late last year the European Court of Justice (*ECJ*) delivered its eagerly awaited decision in Scarlet Extended SA v SABAM[1]. It ruled that a Belgian court’s injunction, requiring an Internet Service Provider (*ISP*) to install monitoring and filtering systems aimed at preventing the illegal downloading of files, was contrary to EU legislation – namely, the European Directive on Electronic Commerce (*the Directive*)[2].    Fri, 02 Mar 2012 15:05:09 +1100 http://www.corrs.com.au/publications/tgif/the-european-court-of-justice-adds-to-the-global-debate-on-isp-liability-for-illegal-downloading/ http://www.corrs.com.au/news/corrs-lawyers-named-australia-s-best/ 72 Corrs lawyers have been named among Australia’s finest in the Best Lawyers 2012 list, published in today’s Australian Financial Review, with four partners earning the prestigious “Lawyer of the Year” title. Fri, 02 Mar 2012 11:21:19 +1100 http://www.corrs.com.au/news/corrs-lawyers-named-australia-s-best/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-accepts-telstra-ssu/ Yesterday, the ACCC accepted Telstra’s structural separation undertaking (SSU) and approved Telstra’s draft migration plan. Thu, 01 Mar 2012 17:15:27 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-accepts-telstra-ssu/ http://www.corrs.com.au/publications/corrs-in-brief/east-west-implications-for-mining-energy-resources-industries-security-payment-cases/ In planning for mining and energy and resources development and any ancillary services, industry participants should consider the operation of the SOP Acts in determining how to structure related contracts. Thu, 01 Mar 2012 16:21:31 +1100 http://www.corrs.com.au/publications/corrs-in-brief/east-west-implications-for-mining-energy-resources-industries-security-payment-cases/ http://www.corrs.com.au/publications/corrs-in-depth/investing-in-the-australian-mining-industry/ Australia is a country with vast mineral wealth; a stable political, legal and economic environment; a highly skilled and productive workforce; and a welcoming attitude to foreign investment - making it a favourite destination for foreign investors. Thu, 01 Mar 2012 09:57:28 +1100 http://www.corrs.com.au/publications/corrs-in-depth/investing-in-the-australian-mining-industry/ http://www.corrs.com.au/news/corrs-releases-asx-compliant-diversity-policy/ Corrs Chambers Westgarth has taken another bold step towards enabling a diverse workforce by publicly releasing its ASX compliant ‘Diversity Policy’ yesterday at the firm’s celebration of International Women’s Day. Wed, 29 Feb 2012 17:35:23 +1100 http://www.corrs.com.au/news/corrs-releases-asx-compliant-diversity-policy/ http://www.corrs.com.au/publications/m-and-a-alerts/show-me-the-money-price-trumps-policy-again/ The decision in Ludowici (although perhaps unsurprising) has left the market in an even greater state of uncertainty. Is it time to change the policy? Wed, 29 Feb 2012 17:07:38 +1100 http://www.corrs.com.au/publications/m-and-a-alerts/show-me-the-money-price-trumps-policy-again/ http://www.corrs.com.au/news/congratulations-to-our-chambers-leading-lawyers/ Corrs Chambers Westgarth has been recognised by leading international benchmarking publication Chambers & Partners in their Asia Pacific Guide for 2012. Wed, 29 Feb 2012 12:17:21 +1100 http://www.corrs.com.au/news/congratulations-to-our-chambers-leading-lawyers/ http://www.corrs.com.au/publications/tgif/liquidators-power-to-disclaim-onerous-property/ For the first time in Australia, the Court determines whether a liquidator is able to disclaim a contract, where the subject of that contract is the conferral of an interest in land. Fri, 24 Feb 2012 14:46:39 +1100 http://www.corrs.com.au/publications/tgif/liquidators-power-to-disclaim-onerous-property/ http://www.corrs.com.au/news/john-denton-b20-future-agenda-financial-reviews-dealbook-conference/ Corrs Partner & CEO John W.H. Denton, in his capacity as one of Australia’s two representatives and pioneer of the B20, addressed the Financial Review’s DealBook Conference on Wednesday 22 June, discussing “Global Engagement: How Australia created the B20 and its future agenda”. Wed, 22 Feb 2012 09:49:27 +1100 http://www.corrs.com.au/news/john-denton-b20-future-agenda-financial-reviews-dealbook-conference/