New crowd-sourced equity funding legislation - what you need to know

Small businesses and start-ups have a new source of capital funding in Australia as a result of changes to the Corporations Act.  Read more...

不当契約についての新規則とその影響

オーストラリア消費者法およびオーストラリア証券投資委員会(ASIC)法に対する変更が2016年11月に施行され、不当契約条項からの保護(これまでは消費者だけに適用)が小規模事業者にも適用されるようになります。このeBulletinでは、今回の変更が実際に及ぼす影響を考慮し、これに対して貴社がなんらかの変更を検討する必要があるとすれば、それがどのようなものであるかを考えます。  Read more...

Amended Myanmar Mines Law: Streamlined Framework for Foreign Investment

For many people, the Asia mining sector has had a certain appeal especially in relation to Myanmar (previously Burma) as it develops and implements regulations and looks for foreign investment.  Most recently, the Myanmar Parliament passed amendments to the Myanmar Mines Law and TerraLex member firm, Kelvin Chia Yangon Ltd, has outlined the legislative amendments in an eBulletin. These amendments introduce a streamlined framework for foreign investment in a bid to attract international mining companies and associated companies who are seeking to establish a presence in the country. The regulations are expected to be published by the Ministry of Mines by end of March 2016.  Read more...

Terralex Cross Border Copyright Guide 2016

The 2016 edition of TerraLex's Cross Border Copyright Guide is now available.  Read more...

Foreign owners of Australian agricultural land - Registration required

New laws have passed the Australian Parliament that require foreign persons who own, or have an interest in, Australian agricultural land to notify the Australian Taxation Office (ATO) of their interest.

In this eBulletin, we outline the application of the new requirements to notify the ATO of foreign interests in Australian agricultural land.
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Foreign buyers beware - Changes to the foreign investment regime introduced to Parliament

Since the forced sale earlier this year of the $39 million Point Piper Mansion, Villa de Mare, which was acquired in breach of Australian foreign investment laws, the Government has foreshadowed the introduction of a tougher and more robust foreign investment regime which would create greater transparency and increase compliance.  Read more...

A special kind of benefit - Beck v Colonial Staff Super

A recent superannuation decision has delivered a surprising result worthy of review for trustees. In Beck v Colonial Staff Super the court held that a trustee's exercise of its power to amend the relevant trust deed in order to remove a discretionary benefit payable to a member was invalid and in breach of the trustee's duties under general law and superannuation legislation. It is our view that this decision is particular to its own facts, however, caution should be taken when making amendments to trust deeds which remove a beneficiary's right to discretionary benefits.
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Set-off under section 553C: The new defence to unfair preference claims

A recent decision confirms that where a creditor has received a preferential payment, they may offset that payment against any pre-liquidation debt they are owed. From an insolvency practitioner’s perspective, this could significantly reduce or nullify the quantum of any unfair preference claim it may have against a creditor.  Read more...

Bank fees safe... for now: Federal Court overturns penalty finding in Paciocco v ANZ

The Full Federal Court has overturned last year's controversial decision that late payment fees charged by ANZ Bank were 'extravagant and exorbitant' and were therefore penalties and unenforceable. We examine the Federal Court's refocusing of the penalty doctrine and the broadening of the categories of costs that can be taken into account when assessing the reasonableness of a fee.  Read more...

Contract Law - Year in Review 2014

Contract Law - Year in Review is an annual publication. This edition provides insight into the key contract law cases of 2014.  Read more...

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