Corrs In Brief

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

Good Faith in Commercial Contracts: The Journey and the Destination

11 March 2016

The express obligation to act in good faith has long been recognised as a feature of contract law across a number of jurisdictions in Australia and internationally. However debate continues as to its scope and application.

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The Parent Trap – Adverse Action, Parental Leave and Redundancy

7 March 2016

In this article, we examine two recent decisions highlighting some of the legal risks for employers in managing employees on parental leave. We also outline some practical tips for employers to avoid the ‘parent trap’.

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Court of Appeal clarifies when development application material can be used in interpreting a development approval

1 March 2016

A recent decision of the Queensland Court of Appeal has clarified when a development application can be referred to in order to resolve uncertainty around the scope of a development approval.

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Is your State significant development likely to significantly affect threatened species or their habitats? The devil is not in the detail!

26 February 2016

In Upper Mooki Landcare Inc v Shenhua Watermark Coal Pty Ltd and Minister for Planning, the NSW Land and Environment Court has dismissed a challenge to the Watermark Coal Project, an open cut coal mining project south east of Gunnedah.

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Small business, consumer protection, agriculture and excessive credit card surcharges: the ACCC’s enforcement priorities for 2016

26 February 2016

On 23 February 2016, Rod Sims launched the 2016 ACCC Compliance and Enforcement Policy. The ACCC has identified new enforcement priorities that include enforcement actions against large businesses, consumer guarantees and agriculture.

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Buyer and Seller Beware: Warranty and Indemnity insurers may be in a stronger position than the Seller

23 February 2016

There has been considerable growth in the use of warranty and indemnity insurance, and in particular “Buyer Side Policies”, in commercial transactions. Under these policies, the position of the Insurer may be far stronger than many realise.

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Life insurers hit with FOFA-like reforms

22 February 2016

New legislation introduced into Parliament will remove the life insurance exemption from the ban on conflicted remuneration and instead substitute new “benefit ratio” rules for life insurance products.

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Superannuation review announced – with bigger things to come

18 February 2016

The efficiency and competitiveness of Australia’s superannuation system will be under the microscope following an inquiry announced by the Federal Government.

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Bargaining and Industrial Action: “Do we really have to sit down with them? And when can we all cool off?”

17 February 2016

Two recent decisions highlight that negotiating parties can hold meetings by teleconference or video; and strong evidence will be required for an employer’s application to end protected industrial action to allow a “cooling off” period.

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Freezing orders can preserve enforcement of international and domestic arbitral awards

11 February 2016

A recent High Court decision means that freezing orders for assets in Australia are available in respect of domestic and international arbitrations, regardless of the seat of the arbitration or underlying law of the dispute.

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