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Judicial interpretation of the term ‘practical completion’ has settled its academic meaning but how it should apply in practice is far from certain.
Sometimes when an employer discovers a building defect, it would not be worthwhile for the employer to sue because the main contractor may not have the means to pay the awarded sum.
Following the Wein Review, the new Franchising Code of Conduct has been released and, assuming it is enacted, will take effect on 1 January 2015.
In November 2013, ASIC announced a review of its regulatory guide and class order for employee incentive schemes in the form of ASIC consultation paper CP 218.
The draft CPR report proposed establishing a new body to provide leadership and drive implementation of the evolving competition policy agenda.
High Court decision: the implied term of trust and confidence in employment contracts is not part of Australian law
Commonwealth Bank of Australia v Barker is a landmark decision — resolving the vexed issue of the existence and application of the implied term.
A common misconception for higher-education institutions is that tax is not an issue because they are charitable not-for-profits and therefore tax exempt.
As part of the higher-education funding reforms announced in the 2014–15 budget, the government announced that existing price caps on university fees will be removed.
This article looks at some of the relevant case law and sheds light on the principles involved in this particular challenge of statutory interpretation.
John Elias and Struan Lloyd share insights into how the new regime will apply to Australian entities and some of the issues that are likely to arise.
The draft CPR Report proposed guiding principles for a new intergovernmental agreement to establish choice and competition principles in human services.
The government announced an independent review of the integrity of the Subclass 457 programme on 25 February 2014.
To set the course for agricultural development, the government announced last year it would conduct a comprehensive analysis of the Australian agricultural industry.
The Competition Policy Review panel has recommended that the regulatory functions of the ACCC be spun off into a new national access and pricing regulator.
At the Competition Policy Review International Conference in Canberra on 23 October, partner Paul Schoff took part in a panel on Competition Laws and Regulatory Institutions.
Developing a multilateral instrument to modify bilateral tax treaties: OECD issues its paper on BEPS Action 15
Minter Ellison considers the main issues and options for taxation reform raised in the OECD’s new paper.
Minter Ellison outlines the hybrid recommendations made by the OECD, discusses their implications and provides some comment and insight.
Preventing the granting of treaty benefits in inappropriate circumstances: OECD issues final paper on BEPS Action 6
In this alert, Minter Ellison considers the main issues and options for taxation reform raised in the OECD paper.
On 16 September 2014, the OECD issued its report titled ‘Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance’.
Any move by Glencore to revive its pursuit of Rio Tinto Group stands to face concerted political opposition in Australia.