Our Banking & Finance Alert looks at the High Court judgment, which resolves emphatically the uncertainty facing secured creditors in Australia since the first instance decision in Re Octaviar.
Latest Publications
Rosenberg successful in overturning ASIC banning order
Lance Rosenberg, the former managing director of stockbroking firm Tricom, was successful last week in having his four year banning order from ASIC overturned by the AAT. Notwithstanding Mr Rosenberg's successful challenge, it is still important for traders to proceed carefully if involved in unusual trades.
Foreign investment in Indonesia and other developments
In this update: Indonesia revises foreign investment "Negative List", Bank Indonesia issues regulation on banks selling offshore inancial products, M&A pre-notification remains voluntary in Indonesia – but thresholds increased for bank M&A, Indonesian Supreme Court system moves towards greater transparency, Sustainability and the boardroom.
Our fortnightly telecommunications, media and technology update
In this edition: Facebook Places location service privacy concerns, medical education technological advances, the future of 3D TV, National Broadband Network helps sway Independents.
Land Valuation Bill 2010 (Qld) - Major reform of Queensland valuation methodology for 2011 and beyond
The Land Valuation Bill 2010 (Qld) seeks to repeal and replace the Valuation of Land Act 1944 (Qld) making substantive changes to the way valuations are made for a number of purposes (including for land tax and rates).
ACCC supports European-style prohibition on concerted practices
The ACCC has indicated that it supports the adoption of a European type prohibition against practices that facilitate collusion between competitors. A new prohibition could prohibit a range of conduct not currently covered by the TPA, and is likely to have particular significance for businesses in highly concentrated industries.
Queensland's environment and development quarterly update
In this update: Advice finds planning consultant guilty of environmental offence, National Wind Farm Development Guidelines – is it all just hot air?, Queensland's draft regulated dams guideline and manual – what you need to know, Recent developments in CSG and associated water, Xstrata Coal decision – 2 July 2010 – successful challenge on Queensland rates bills.
Transfer pricing – 'If the CUP fits...'
In the recent Federal Court case of SNF (Australia) Pty Ltd v Commissioner of Taxation [2010] FCA 635 a taxpayer successfully challenged a series of amended tax assessments arising from the Commissioner of Taxation's determination, in effect, that the taxpayer had engaged in transfer pricing.
Outline of August 2010 GST developments
This bulletin outlines Australian GST developments in August 2010 which may impact your business.
ASX's trading policy and ASIC's insolvent trading guide
In this update: ASX's new trading policy requirements, and ASIC publishes regulatory guide on insolvent trading.
Octaviar: High Court judgment
The High Court handed down its judgment on the appeal by the Public Trustee of Queensland of the decision of the Queensland Court of Appeal in Public Trustee of Queensland v Octaviar Ltd. This judgment resolves emphatically the uncertainty facing secured creditors in Australia since the first instance decision in Re Octaviar. Secured financiers can return to the previous practice of having the terms of a company charge provide that the liability secured by the charge may extend to liabilities under documents to be agreed in the future.
Asia Pacific edition
In this edition: Responsible gaming in Singapore – The legal perspective, Vacation ownership considerations for Singapore, Condominium hotels – Risks versus rewards.
Our fortnightly telecommunications, media and technology update
In this edition we look at new SMS mobile rules to curtail suspect mobile premium service providers, a Federal Court decision on misleading and deceptive phone cards, ACCC proceedings against EDirect Pty Ltd, and new guidelines on ID scanning and privacy issues for clubs and pubs.
Human resources tax developments – May 2010 to July 2010
This bulletin outlines key developments in Human Resources Taxes (FBT, PAYG, SGC, payroll tax and workers compensation premiums) that have arisen from May 2010 to July 2010, which may impact your business.
Personal Property Securities Reform – Release of proposed fee schedule
The Attorney-General's Department has now released a draft schedule of the fees that will be charged for using the PPS register. The fees will be reviewed in June 2012.
Demergers, ASIC & the Takeovers Panel, schemes vs hostile bids
This update looks at Demergers made easy; ASIC's recent application to the Takeovers Panel; Schemes dominate big deals, but small hostile bids increase; Court challenge to UK Panel "cold shouldering" threatened.
Demergers, ASIC & the Takeovers Panel, schemes vs hostile bids
In this update: Demergers made easy, Apply, settle or fold, Schemes dominate big deals, but small hostile bids increase, Court challenge to UK Panel "cold shouldering" threatened.
RET restructure & assistance deadlines, carbon pollution, wind farms
In this update: RET restructure, RET assistance deadlines for large emitters, Test case on carbon pollution progresses to hearing, Victorian new Climate Change White Paper, National Wind Farm Development Guidelines, A win for wind farms – the Gullen Range decision, Government Guidelines for new carbon offset standard, New laws incentivise environmental upgrades for existing Melbourne buildings.
Final ASX requirements for board diversity
ASX has released final amendments to the ASX Corporate Governance Principles and Recommendations that deal with board diversity, remuneration, trading policies and analyst briefings. The proposed changes will take effect for the first financial year of a listed company commencing on or after 1 January 2011. However, the ASX Corporate Governance Council encourages earlier transition.