Monthly Archives: October 2012

Following its release on 14 July 2012, more than 1,000 written submissions were received in relation to the Government’s Green Paper. Meanwhile, planning reforms continue at a rapid pace in NSW ahead of the release of the White Paper. This alert considers: The recent Departmental restructure; The White Paper workshop; Expansion of the Codes SEPP; Big changes to DCPs; and The imminent release of the White Paper.

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Demergers often occur by way of an in specie distribution of assets or shares or units in an investment vehicle. A recent Federal Court decision has confirmed that trustees can rely on their ‘natural person’ powers to effect such demergers without specific approval of the trust beneficiaries.

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The harmonisation of work health and safety laws across Australia received a boost with the South Australian Parliament set to finally pass the long awaited Work Health and Safety Bill.

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The High Court has unanimously overturned the Full Court of the Federal Court's decision in finding that Fortescue Metals Group Ltd (FMG) and its chairman and CEO Andrew Forrest did not contravene the Corporations Act 2001 (Cth) (Act) when they released public statements concerning agreements FMG had entered into with three Chinese state-owned companies

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From 1 November 2012, all responsible entities must meet the new financial requirements set by the Australian Securities and Investments Commission.

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From 1 November 2012, all responsible entities must meet the new financial requirements set by the Australian Securities and Investments Commission.

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On 1 January 2012, new regulations commenced which require specified information to be included with warranty statements. In recognition of the fact that updating documentation for packaged goods can be difficult, the Australian Competition and Consumer Commission (ACCC) published transitional arrangements for goods manufactured prior to 1 November 2011. The transitional arrangements for warranty statements ended on 30 September 2012 and no longer apply.

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A recent decision of the Full Court of the Federal Court of Australia (Full Court) represents a win for brand owners in respect of parallel imports, although the goods were not characterised as such by the trial judge. In Paul’s Retail Pty Ltd v Lonsdale Australia Limited [2012] FCAFC 130, an appeal by Paul’s Retail Pty Ltd and PW Inventory Pty Ltd (together Appellants), the Full Court upheld the trial judge’s finding that the Appellants infringed trade marks owned by Lonsdale Australia Limited (Lonsdale Australia) by importing into, and promoting and selling in, Australia goods bearing some of those trade marks being The Original Lonsdale London, a Lion logo and the trade mark Lonsdale London.

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Consumer Credit Legislation Amendment (Enhancements) Bill 2012 Recently the Consumer Credit Legislation Amendment (Enhancement) Bill 2012 (CCL Bill) was passed through both the House of Representatives and the Senate. The CCL Bill amends the National Consumer Credit Protection Act 2009 (NCCP Act) and National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009.

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