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Market Alerts 2007

December
- Supervision without control over work does not impose a duty of care
  20 December 2007
- Legislation
  20 December 2007
- OHS charges against a director dismissed even though his construction company was guilty of an offence
  20 December 2007
- Agreement to Negotiate in Good Faith
  20 December 2007
- When Trade Practices Act claims are raised in disputes that are subject to international arbitration agreements
  20 December 2007
- New developments
  20 December 2007
- Major recent cases
  20 December 2007
- P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1061
  20 December 2007
- No "right to silence" at SFC interviews
  14 December 2007
- SFC's right to audio tape interviews
  14 December 2007
- SFC's right to audio tape interviews
  14 December 2007
- No "right to silence" at SFC interviews
  14 December 2007
- Amendments to the PRC Civil Procedure Rules
  7 December 2007
- Alstom Signalling Limited v Jarvis Facilities [2004] EWHC 1232
  6 December 2007
- Security company held vicariously liable for violent assault by its officers
  3 December 2007
- Court holds that termination due to employee recourse to union can be unlawful
  3 December 2007
- Different results in AIRC "operational reasons" decisions
  3 December 2007
November
- Australia's New Defence Ministers
  30 November 2007
- The C7 decision and mega litigation: Kerry Stokes says "game on" to rivals
  30 November 2007
- Developments in regulation
  30 November 2007
- International news
  30 November 2007
- 5 things you need to know
  30 November 2007
- In brief
  30 November 2007
- Our publications
  30 November 2007
- Kevin 07 - What now with WorkChoices
  26 November 2007
- ALRC Privacy Review
  23 November 2007
- A review of Labor’s workplace health and safety policy
  19 November 2007
- Victorian road laws to reduce driver fatigue
  19 November 2007
- Coalition announces further workplace reforms
  8 November 2007
- Workplace Ombudsman's approach to fairnest test
  2 November 2007
- Western Australian Bill to protect young and vulnerable workers
  2 November 2007
- Employer allowed to transfer from state to federal award
  2 November 2007
- Executive responsibility
  1 November 2007
- Undocumented rights issues
  1 November 2007
- National Greenhouse and Energy Reporting Act 2007 - Liability of CEO’s
  1 November 2007
- Executive liability for continuous disclosure violations
  1 November 2007
- Executive director liability - lessons from Vines
  1 November 2007
- Workplace agreement not void even though employer misled employees
  1 November 2007
- More than $400,000 in damages awarded in discrimination and harassment case
  1 November 2007
- Confidentiality obligation supports grant of injunctive relief of non-solicitation
  1 November 2007
- Law Reform Commission recommends removing employee records exemption from Privacy Act
  1 November 2007
- Refusal of leave to attend rally breaches freedom of association laws
  1 November 2007
- Employer applied duress to casual workers to enter into AWAs
  1 November 2007
October
- Fiona Trust decision (and the breadth of arbitration clauses) affirmed by the House of Lords
  30 October 2007
- In Brief
  30 October 2007
- Jurisdiction in investment treaty arbitration (1): Fraport v The Philippines
  30 October 2007
- Mallesons News
  30 October 2007
- Jurisdiction in investment treaty arbitration (2): the Occidental Exploration case revisited
  30 October 2007
- Interfering with arbitration or supporting it? A recent case study from India
  30 October 2007
- Court adopts agreed penalty in Comcare prosecution
  22 October 2007
- State OHS victimisation provisions immune from WorkChoices
  22 October 2007
- Company and its directors fined for obvious and foreseeable risks to trespassers at construction site
  22 October 2007
- Personal meeting held in public place unreasonable
  22 October 2007
- New Developments
  22 October 2007
- Changes to search results requirements - 23 October 2007
  22 October 2007
- Legislation to be passed to validate Mine Expansion following challenge by Queensland Conservation Council - 19 October 2007
  18 October 2007
- Emissions trading: Early abatement incentives, how do they work?- 19 October 2007
  18 October 2007
- Pricing and bundling in the spotlight - 16 October 2007
  16 October 2007
- National Greenhouse and Energy Reporting Bill 2007 introduced
  8 October 2007
- Current status of the Offshore Petroleum Act 2006 (Cwlth) and inclusion of Carbon Capture and Storage (CCS)
  8 October 2007
- Ministerial discretion under the Mining Act 1978 (WA)
  8 October 2007
- Australia's uranium industry
  8 October 2007
- Changes to Procedures in the Western Australian Warden’s Court
  8 October 2007
- Geothermal Energy
  8 October 2007
- Minister's decision upheld - no Commonwealth environmental approval required for Anvil Hill Project - 4 October 2007
  3 October 2007
- High court endorses need for regulatory certainty in access regulation
  3 October 2007
- Undocumented Rights Issues and Non-traditional Rights Issues - ASIC Relief Update - 2 October 2007
  2 October 2007
September
- UK Companies Act 2006 - the next implementation phase
  28 September 2007
- China’s New Employment Promotion Law - 25 September 2007
  25 September 2007
- New Construction Safety Regulations in Victoria
  21 September 2007
- New Developments
  21 September 2007
- Major cases for this quarter
  21 September 2007
- “Ultimate control” test under the Commonwealth OH&S Act
  21 September 2007
- Proportionate Liability - Woods v. De Gabriele and Others considered
  21 September 2007
- Amendments to Taxation treatment of Asset financing: Division 250 Introduced
  21 September 2007
- Legislation
  21 September 2007
- The reciprocal duty of utmost good faith
  14 September 2007
- Directors successfully defend prosecution under NSW OHS Act
  14 September 2007
- Injury during basketball was not in the course of employment
  14 September 2007
- Draft Mine Health and Safety Regulation released for Public Comment
  14 September 2007
- India's New Competition (Amendment) Bill 2007 - 5 October 2007
  14 September 2007
- Peekhrst Pty Ltd V Wallace & Anor [2007] QSC 159
  14 September 2007
- Urgent Consumer Credit Code amendments fast-tracked - 14 September 2007
  14 September 2007
- Privacy discussion paper released by Australian Law Reform Commission - 14 September 2007
  13 September 2007
- Parliament poised to amend Section 46 to prohibit predatory pricing - 14 September 2007
  12 September 2007
- Equity Derivatives - new Takeovers Panel draft Guidance Note - 11 September 2007
  11 September 2007
- Fifty Sixth Taljan Pty Ltd v Dattilo Holdings Pty Ltd [2007] VSC 226
  7 September 2007
- Federal Court Upholds Xenical Advertising Ban – 3 September 2007
  3 September 2007
- Labor releases its IR Policy Implementation Plan
  3 September 2007
- NSW transport industry principal contractors bound by new minimum redundancy obligations
  3 September 2007
- Unfair dismissal claim rejected - failure to disclose past employment on CV
  3 September 2007
- Tribunal dismisses discrimination claim on the basis of industrial activity
  3 September 2007
August
- New Amendments Allow ACCC to Share Information
  31 August 2007
- International news
  31 August 2007
- Our publications
  31 August 2007
- Five things you need to know about collective bargaining
  31 August 2007
- AUSTRAC clarifies treatment of securities dealing and other AML/CTF Act developments
  31 August 2007
- High Court rejects derivative Crown immunity for companies dealing with State procurement entities: ACCC v Baxter [2007] HCA 38
  31 August 2007
- China passes Anti-Monopoly Law - 31 August 2007
  31 August 2007
- The Demise of the Equitable Lien for Insolvency Practitioners' Fees and Costs?
  27 August 2007
- Westpac Cheque Law Seminar: CORE PRINCIPLES OF CHEQUE LAW - 16 August 2007
  23 August 2007
- National Greenhouse and Energy Reporting Bill 2007 introduced - 24 August 2007
  21 August 2007
- Commonwealth OHS Legislation
  16 August 2007
- New Victorian Health & Safety Regulations
  16 August 2007
- China’s highest court rules on the choice of law for foreign-related contracts - 15 August 2007
  15 August 2007
- Ice TV succeeds in compilation copyright case - 14 August 2007
  13 August 2007
- AML/CTF Act Tranche 2 - Will you be covered? - 14 August 2007
  13 August 2007
- Publication: ASX Corporate Governance Principles and Recommendations
  3 August 2007
- Workplace Relations Fact Sheet
  1 August 2007
- Two decisions on “genuine operational reasons”
  1 August 2007
- Increase in federal minimum wage rates - effective from October 2007
  1 August 2007
July
- New Singapore Rules bring SIAC arbitration in line with global arbitration trends
  30 July 2007
- A recent view from the Federal Court in Perth
  30 July 2007
- Putting trust in your arbitration clause
  30 July 2007
- Mallesons News
  30 July 2007
- Practitioner in Profile
  30 July 2007
- In brief
  30 July 2007
- New environment and resource efficiency requirements for top 250 Victorian energy and water users - 18 July 2007
  18 July 2007
- Federal Government announces emissions trading scheme - 17 July 2007
  17 July 2007
- ANZTPA on the backburner - New Zealand says “No” - 17 July 2007
  17 July 2007
- Climate change disclosure
  10 July 2007
- Tenant pressure for a green building future
  10 July 2007
- Water infrastructure investments: risks and opportunities
  10 July 2007
- Emmissions Trading: joint government-business task group report
  10 July 2007
- The impact of climate change litigation on Australian corporations
  10 July 2007
- Former CEO awarded damages based on 9 months’ notice in wrongful dismissal claim
  4 July 2007
- New unfair dismissal remuneration and compensation limits released
  4 July 2007
- Fairness test passes Parliament
  4 July 2007
- Operational reasons case to be reheard for redundant employee whose position readvertised at lower cost
  4 July 2007
- Renewable Energy (NSW) Bill 2007 - 2 July 2007
  2 July 2007
- Medicines Australia Code of Conduct - New Reporting Requirements- 2 July 2007
  2 July 2007
June
- Remuneration of directors and officers
  30 June 2007
- When is remuneration “reasonable in the circumstances” ?
  30 June 2007
- Executive Incentive Plans - Control Transactions
  30 June 2007
- In Focus - proposed changes to remuneration disclosure
  30 June 2007
- ASIC claims against Citigroup rejected - 29 June 2007
  29 June 2007
- International Trade Integrity Bill 2007 - 29 June 2007
  27 June 2007
- Hybrid securities - review of recent developments and a look into the future
  22 June 2007
- Fairness test passes Parliament - 21 June 2007
  21 June 2007
- Amendments to Trade Practices Act introduced into Parliament - 20 June 2007
  20 June 2007
- NZ moves closer to approving Trans Tasman Therapeutic Goods & Devices regulator - 14 June 2007
  14 June 2007
- Takeovers Panel releases guidance note on insider participation in control transactions - 12 June 2007
  12 June 2007
- Waiver of Legal Professional Privilege - 7 June 2007
  7 June 2007
- Queensland Government’s climate change strategy 2007
  5 June 2007
- China regulates telemarketing of non-life insurance products
  4 June 2007
- A lack of understanding: ACCC fails in price fixing case - 01 June 2007
  1 June 2007
- Federal Task Group recommends long term emissions trading scheme - 01 June 2007
  1 June 2007
- All payments systems are go! 30 May 2007
  1 June 2007
May
- A step closer towards the tort of privacy
  31 May 2007
- Swarbrick Sunk in the High Court
  31 May 2007
- Colour trade marks – “inexorably sliding out of control”?
  31 May 2007
- High Court rejects patents, copyright and trade marks appeals
  31 May 2007
- In brief
  31 May 2007
- Confidential information: property, asset or something else?
  31 May 2007
- Our publications
  31 May 2007
- In brief
  31 May 2007
- International news
  31 May 2007
- Five things you need to know about product recalls
  31 May 2007
- Misleading vitamin C claims
  31 May 2007
- Regulation of airport services - possible amendments to declaration provisions
  31 May 2007
- Secret ballot application rejected
  30 May 2007
- Nurse granted $26,000 following discrimination on return from maternity leave
  30 May 2007
- Amendment to Equal Opportunity Act 1995 (Vic) prohibits discrimination on the ground of employment activity
  30 May 2007
- Fairness test introduced into federal Parliament
  30 May 2007
- John Holland Pty Limited v Roads and Traffic Authority Of New South Wales and Ors [2007] NSWCA 19
  29 May 2007
- Abigroup Contractors v Sydney Catchment Authority [2007] NSWSC 220
  29 May 2007
- Emissions Trading - FAQ - 28 May 2007
  28 May 2007
- Personal property security reform - Will you be affected? - 28 May 2007
  28 May 2007
- It’s a Lockout!: Australia’s highest court gives judgment on obviousness - 25 May 2007
  25 May 2007
- New Australian regulatory regime for internet and mobile content - May 24 2007
  24 May 2007
- AUSTRAC releases rules on compliance reporting - 15 May 2007
  17 May 2007
- Latest proposed changes to the section 128F interest withholding tax exemption— 16 May 2007
  16 May 2007
- New Government IP Principles Issued - 11 May 2007
  14 May 2007
- Asset finance - budget and interest withholding tax legislation - 15 May 2007
  11 May 2007
- It's time to start thinking about personal property security reform - 9 May 2007
  9 May 2007
- “Forward with fairness”: Labor’s proposed IR laws
  4 May 2007
- New development in Australia's uranium policy
  4 May 2007
- Labor unveils its IR policy
  3 May 2007
- Australian Fair Pay Commission to publish pay scales
  3 May 2007
- Federal workers’ compensation self-insurance scheme upheld
  3 May 2007
April
- New provisions enhance access to China for construction engineering services firms
  19 April 2007
- Energy Efficiency Opportunities Act 2006 (Cth) - Moving forward after registration
  17 April 2007
- Grace period for record-keeping requirements ends
  4 April 2007
- Commission has jurisdiction over unlawful termination claim if employer engages in a course of conduct that forces employee to resign
  4 April 2007
- ACTU seeking wage increases of $28 a week
  4 April 2007
- China finally enacts landmark Property Rights Law
  4 April 2007
- ANZTPA implementation - Australian Bill released - 4 April 2007
  3 April 2007
- Anti-money laundering - AML/CTF Rules finalised
  2 April 2007
March
- Directors’ liability - recent developments
  30 March 2007
- Civil liability for corporate fault - a recent case
  30 March 2007
- Criminal liability for corporate fault - CAMAC Report
  30 March 2007
- Review of Sanctions for breaches in Corporate Law
  30 March 2007
- Sons of Gwalia
  30 March 2007
- In brief
  30 March 2007
- Principal contractor - principal point of responsibility for site safety?
  30 March 2007
- Privately Financed Projects - the NSW Government’s PFP Guidelines and Commercial Principles
  30 March 2007
- New developments
  30 March 2007
- Major recent cases
  30 March 2007
- Federal Government makes controversial changes to the Construction Code Guidelines
  30 March 2007
- Legislation
  30 March 2007
- Thiess Pty Ltd v Erc Frankona Reinsurance Ltd [2007] QSC 004
  27 March 2007
- 620 Collins Street Pty Ltd v Abigroup Contractors Pty Ltd & Anor (No 2) VSC
  27 March 2007
- Abigroup Contractors Pty Ltd v River Street Developments Pty Ltd [2006] VSC 425
  27 March 2007
- PRA Electrical Pty Ltd v Perseverance Exploration Pty Ltd & Anor [2006] VSC 432
  27 March 2007
- Landmark Comandate decision widens scope of arbitration clauses
  27 March 2007
- Dispute resolution clause interpretation: PCCW Global Ltd v Interactive Communications Service Ltd [Hong Kong Court of Appeal, 2006]
  27 March 2007
- Partner in Profile - David Fairlie
  27 March 2007
- Mallesons News
  27 March 2007
- China passes new Enterprise Income Tax Law
  27 March 2007
- Maitland Main Collieries Pty Ltd v Xstrata Mt Owen Pty Ltd [2006] NSWSC 1235
  26 March 2007
- Energy Efficiency Opportunities Act 2006 (Cth) deadline for registering is 31 March 2007
  21 March 2007
- China issues new rules on finance leasing -19 March 2007
  16 March 2007
- Recent trends and legal reforms affecting mergers & acquisitions in China 9 March 2007
  14 March 2007
- Duties of good faith and trust and confidence: here to stay?
  14 March 2007
- Employees absent on workers compensation protected from unlawful termination
  14 March 2007
- Damage to the relationship of trust and confidence does not automatically negate re-employment following dismissal
  14 March 2007
- Strike ballot and =genuine bargaining update
  14 March 2007
- Careful drafting and acting fast: how to make your restraint of trade clauses enforceable
  14 March 2007
- Commission asserts its jurisdiction in proposed termination of employee
  14 March 2007
- Introduction to Australian Patent Review 2006
  13 March 2007
- A win for renewable energy developments - 13 March 2007
  13 March 2007
- Probationary and qualifying periods restart following transmission of business: AIRC
  13 March 2007
- Renewing wage claim does not mean failure to genuinely try to reach agreement
  13 March 2007
- NSW Supreme Court implies terms of good faith and trust and confidence into an employment contract
  13 March 2007
- Further update about Austraclear Services agency arrangements - 9 March 2007
  9 March 2007
- Air at the end of the tunnel, emissions trading in the Pearl River Delta, China - 14 March 2007
  8 March 2007
- Austraclear Services stops writing new paying and collection agency service business - 7 March 2007
  7 March 2007
February
- “Contractual leviathans” take care - good faith in commercial contracts
  28 February 2007
- Industry comments invited on EFT Code consultation paper - 1 March 2007
  28 February 2007
- Damages actions for cartel conduct: immunity is not the end of the story
  28 February 2007
- The ACCC's immunity policy
  28 February 2007
- International news
  28 February 2007
- Our publications
  28 February 2007
- In brief
  28 February 2007
- Five things you need to know ... cartels
  28 February 2007
- WorkChoices - a brief review of the last 12 months
  28 February 2007
- Wider powers proposed for the Takeovers Panel
  26 February 2007
- Takeovers Panel responds to increased private equity activity
  23 February 2007
- Government announces Insurance Contracts Act 1984 Reform Package
  20 February 2007
- Queensland Land and Resources Tribunal rejects greenhouse objections and approves mine expansion - 20 February 2007
  19 February 2007
- Recent copyright changes come into force
  12 February 2007
- The High Court on copyright and development consents
  12 February 2007
- Comparative advertising loses its lustre
  12 February 2007
- In brief
  12 February 2007
- How not to draft your online contracts: The Big Day Out case
  12 February 2007
- Intangible assets: your best collateral?
  12 February 2007
- Anti-money laundering - will you have to report to AUSTRAC in June 2007?
  9 February 2007
- Australian Task Group on Emissions Trading - Issues Paper released for comment
  8 February 2007
- M&A in a globalising era - influences for Australia
  7 February 2007
- Private equity - what's on offer?
  7 February 2007
- P2Ps and management buyouts - conflicts of interest
  5 February 2007
- Full Bench rules on genuine operational reasons exemption
  2 February 2007
- Employee’s dismissal for refusing medical check not unfair
  2 February 2007
- Absence on workers’ compensation is paid sick leave: Federal Magistrates’ Court
  2 February 2007
- Employee at law even though sub-contractor by name
  2 February 2007
- Sons of Gwalia: shareholders as creditors - 1 February 2007
  1 February 2007
January
- Australian Department of Defence releases exposure drafts of revised contracting templates- 23 January 2007
  23 January 2007
- Some specific comments on the revised documents
  23 January 2007
- The changing US e-discovery landscape
  18 January 2007
- Going carbon neutral, what to look out for
  18 January 2007
- Serious misconduct of CEO warranted summary dismissal
  3 January 2007
- High Court says employees can be personally liable for misleading and deceptive conduct
  3 January 2007
- Employee made redundant following period of maternity leave not discriminated against
  3 January 2007

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