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News and Insights
INSIGHTS
Latest Articles
14
Sep
2021
Greater consumer-focused outcomes in sight with latest reforms in the Financial Services Sector
Arising from the recommendations and findings of the Royal Commission into Misconduct into the Banking, Superannuation and Financial Services Industry (‘Royal Commission’), the following six reforms will commence in October 2021.
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24
Aug
2021
Common Fund Orders are here to stay “at least for now”: an update on 7-Eleven Stores Pty Ltd v Davaria Pty Limited & Ors
On 25 June 2021, the High Court of Australia dismissed 7-Eleven’s application for special leave to appeal the decision of the Full Court of the Federal Court of Australia made on 3 November 2020.
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13
Aug
2021
Subpeonas to produce documents – what constitutes a “legitimate forensic purpose”?
A three judge bench of the New South Wales Court of Appeal (the Court) recently handed down a decision concerning the origins and scope of the “legitimate forensic purpose” of subpoenas to produce documents.
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30
Jul
2021
Assisting the judicial task – when should appointing an assessor be considered?
The use of expert evidence is common practice in the determination of factual issues; however, some proceedings may require highly specialised expert evidence that would facilitate the Court’s understanding of the specialist subject matter.
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15
Jul
2021
Duty and the Environment Minister
On 27 May 2021, the Federal Court of Australia, in Sharma v Minister for the Environment (Sharma), decided that the Commonwealth Minister for the Environment (the Minister) owes Australian children a duty of care when exercising powers under the Environmental Protection and Biodiversity Conservation ...
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13
Jul
2021
Dispute Resolution and the Franchising Code of Conduct Reforms
Recently, the reform to the Franchising Code of Conduct was introduced by the Competition and Consumer (Industry Codes – Franchising) Amendment (Fairness in Franchising) Regulations 2021 came into effect. The regulation amends the Competition and Consumer (Industry Codes – Franchising) Regulations 2 ...
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5
Jul
2021
Physical location is no bar to possession
The recent decision of the Full Federal Court in Maxi EFX Global AU Pty Ltd v ASIC shows that documents may remain within a company’s possession notwithstanding the fact that such documents are physically located overseas and held by third-party service providers.
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5
Jul
2021
NSW to Introduce Mandatory Notification of Data Breach Scheme
NSW will become the first Australian state or territory to introduce a mandatory scheme that requires state public sector agencies to notify the Privacy Commissioner and affected individuals of data breaches.
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5
Jul
2021
Commissioner of Taxation’s vast powers for existing and future tax liabilities confirmed
The Commissioner, under the Taxation Administration Act 1953 (Cth) [the enabling Act giving the Commissioner power of administration relating to taxation and other matters], has vast and wide powers.
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28
Jun
2021
High Court favours businesses for pandemic payout
Over the past year, Australian businesses have been attempting to quarantine themselves against the impacts of the coronavirus pandemic, and the High Court’s recent decision bolsters the protection of policyholders like a jab of a COVID-vaccine.
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