Worth the paper they are written on – the importance of independent advice certificates in financing transactions
Socrates famously said “to find yourself, think for yourself.” The Victorian Court of Appeal recently disagreed and reasserted the ability of lenders to rely on independent legal and financial advice certificates without making further inquiries of their own. Jams 2 Pty Ltd v Stubbings [2020] VSCA 200 involved “asset-based lending”, lending on the value of […]
ReadmoreNotional day or working day? The High Court rules on the Mondelez case
In our previous article, we discussed the landmark Full Federal Court decision regarding the interpretation of what constitutes a ‘day’ in relation to the calculation of paid personal/carer’s leave under the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) (FW Act). Since then, special leave was granted by the High Court to […]
ReadmoreCOVID-19 | ASIC publishes expectations of retail lenders when loan repayment deferrals end
On 13 August 2020, the Australian Securities and Investments Commission (ASIC) issued letters to lenders, notifying them of ASIC’s expectations once the mortgage deferral period expires next month. Lenders had offered the six month mortgage repayment deferral period to their customers, in response to the COVID-19 pandemic, which debt is estimated to be worth billions […]
ReadmoreHow ASIC’s new product intervention power may be used in the future – looking overseas for clues
In this briefing, we provide an overview of the Australian PIP regime, compare it to overseas regimes and list some of the products which have been banned in Australia and under comparable regimes overseas. This briefing offers an insight into the types of products that ASIC may intervene on in the next few years. Download […]
ReadmoreWebinar | The ethics of public sector decision-making
This session refreshes and updates our popular 2018 presentation, focusing on the unique ethical duties of government lawyers that transcend model litigant obligations and the duties of private sector lawyers. These duties go to the heart of the rule of law and arise from the exercise of public power. You can view the full session […]
ReadmoreWebinar | Contracts in an online world
The societal shift to electronic contracts and automated contract performance was well underway before the COVID-19 led overnight to adoption of electronic contracting as the new normal for most businesses. This session examines key legal issues contracting parties should keep front of mind when transitioning from paper to an online environment. You can view the […]
ReadmoreWebinar | The Ten Cases
A survey of 10 important cases over the last year, covering constitutional, administrative, private law, governance and enforcement issues, and what they mean for government You can view the full session here: The Ten Cases Presented by: Andrew Mackenzie, Senior Associate Claudia Dennison, Senior Associate Christina Martin, Associate Christina Venardos, Associate Mitchell Byram, Associate Sarah […]
ReadmoreWebinar | Navigating the infrastructure landscape for effective major project negotiations
Most significant publicly funded developments for major infrastructure – roads, rail, ports, tunnels and the like – intersect with other core infrastructure, such as utilities – gas, water, electricity – which may be highly regulated but are usually privately owned. Negotiating the rights, obligations and risks of the respective parties is delicate and difficult, complicated […]
ReadmoreWebinar | Climbing ladders, avoiding snakes and using your own dice – internal investigations
Project failure, misconduct and probity, amongst a much longer list, are all potential catalysts for the now ubiquitous “internal investigation”, a process which of itself should ring warning bells in any organization for both investigator and subject. This practical session will offer guidance for public entities conducting internal investigations, including on framing issues, progression through […]
ReadmoreWebinar | Misleading regulatory guidance – can (or must) I rely on what you tell me?
We live in the age of statutes. The increasing volume and complexity of rules makes compliance challenging. Governments frequently offer guidance to help citizens understand their obligations and to aid fair administration, particularly as policies change. What happens when governments get it wrong? You can view the full session here: Misleading regulatory guidance – can […]
ReadmoreWebinar | Public sector whistle blowing: vaccine or epidemic?
Public sector whistleblowing and associated corruption complaints are the new normal, exposing both criminal behaviour and petty grievances to the jurisdiction of anti-corruption bodies with extraordinary powers. This session provides a practical road map for anti-corruption investigations from inception to conclusion, including necessary actions following a complaint, assessment of complaints, investigative powers, what constitutes a […]
ReadmoreWebinar | The Butterfly Effect – insolvency, class actions and government
Challenging economic times inevitably lead to increased litigation, from which government is not immune whether in the enforcement of powers or contracts or in the defence of ambit claims. This session examines recent changes in the current environment, exacerbated by COVID-19 challenges to the content of laws and the practical administration of justice and the […]
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