Corrs In Brief

Corrs In Brief offers the latest updates on legal issues and developments, focusing on their impact to your business and industry.

National Rental Affordability Scheme - Round 5 to be discontinued

20 May 2014

The Commonwealth Government has announced that it will not proceed with Round 5 incentive allocations under the National Rental Affordability Scheme.

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The new untouchables - Does adverse action mean that some employees are immune from dismissal?

16 May 2014

Recent case law suggests that an employee who makes a complaint about almost any issue in their workplace, can seek protection from dismissal under the “adverse action” provisions of the Fair Work Act 2009.

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Differential rates - Can councils take into account whether a property is the owner’s principal place of residence? Paton & Ors v Mackay Regional Council [2014] QSC 75

16 May 2014

The Supreme Court of Queensland has set aside a resolution of the Mackay Regional Council that purported to impose differential rates based on whether or not a property was an owner’s principal place of residence.

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Commencing proceedings in the face of a valid arbitration agreement? Don’t be hopeless

16 May 2014

Parties who commence litigation and then resist a stay application in circumstances where there is a valid and binding arbitration agreement should proceed with extreme caution.

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Tax: Resource Capital Fund III LP final orders made

15 May 2014

The Full Federal Court has made final orders in the litigation concerning Resource Capital Fund III LP’s exit from its Australian investment.

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Causation and reliance in securities class actions: Halliburton v EPJ Fund

15 May 2014

A recent petition to the Supreme Court of the United States could fundamentally change securities class action litigation in the US, and encourage practitioners to reflect on the way securities class actions are argued in Australia.

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APRA proposes amendments to its “final” harmonised and enhanced risk management requirements

15 May 2014

On 8 May 2014, APRA released a letter to all CEOs of authorised deposit-taking (ADI) institutions, general insurers and life companies to clarify its intent with respect to certain specific risk management matters.

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How can a tenant protect its lease if a landlord company is wound up?

14 May 2014

Following a High Court of Australia decision the liquidator of a landlord company has a statutory right to disclaim a tenant’s lease of premises.

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Outcome-based contracting is on the up: Who's doing it, why, and what you need to know about it

13 May 2014

With government agencies and businesses under pressure to deliver more value within constrained budgets, organisations are looking closely at outcome based contracting models.

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Court of Appeal reaffirms LEC decision to refuse Rio Tinto’s proposed expansion of the Warkworth Coal Mine

12 May 2014

On 7 April 2014, the NSW Court of Appeal handed down its decision which concerned an appeal against the refusal of Rio Tinto’s proposed Hunter Valley coal mine expansion.

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