Publications

The 12 month grace period for companies to get their standard form business to business (B2B) contracts in order is almost up. On 12 November 2016, the existing unfair contract terms provisions of the Australian Consumer Law which only apply to ‘consumers’ contracting for personal or domestic purposes will be extended so that they also […]

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This year the ATO released a checklist for Research and Development (R&D) Tax Incentive claimants.  The purpose of this checklist is to assist advisors to self assess their clients and to provide some clarification and advice about the requirements of the program. In recent years the R&D program has grown in popularity and there has […]

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We are pleased to introduce the inaugural edition of Thomson Geer’s Public Sector Newsletter for New South Wales. The purpose of this newsletter is to provide government lawyers with a digestable and relevant snapshot of current news, case law and legislation. We intend it to be a useful resource for government lawyers. With this in mind, we welcome feedback or suggestions for areas […]

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Industries which charge fees such as late payment fees, honour, dishonour and non-payment fees, and overlimit fees including the banking, telecommunications and utilities industries can breathe a sigh of relief following the High Court’s decision to uphold the entitlement of Australia and New Zealand Banking Group Limited (ANZ) to charge its customers various fees. Recently […]

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In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770, the New South Wales Supreme Court considered the scope for challenging adjudication determinations made under the Building and Construction Industry Security of Payment Act 1999 (NSW) (BCISPA). The Court found that it had jurisdiction to quash an adjudicator’s determination on the […]

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ASIC has consolidated its guidance on forward-looking statements in the mining and resources industry (Information Sheet 214) and introduced new controversial requirements. In brief INFO 214 sets out ASIC’s guidance regarding the ‘reasonable grounds’ that must exist for an entity to make forward-looking statements about its mining and resources production targets and financial forecasts. ASIC’s […]

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A recent decision of the Takeovers Panel1 addressed the issue of shareholder intention statements in the context of a takeover offer. It is the first Panel decision to consider the issue of shareholder intention statements since the issue in December 2015 of the Takeover Panel’s Guidance Note 23 – Shareholder Intention Statements (GN 23). In […]

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In brief The Australian Stock Exchange (ASX) has long been a destination for overseas companies looking to take advantage of the benefits of an ASX listing. This can be either as a primary listing or as a secondary listing in conjunction with a listing on an overseas exchange. As at April 2016, there were approximately […]

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In brief The ASX has released a Consultation Paper in relation to its requirements for frontdoor and backdoor listings – ‘Updating ASX’s admission requirements for listed entities‘. It is proposed that the changes will take effect on 1 September 2016 and be applied to all listing applications received after that date. Under the proposal: financial […]

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