Mondaq Most Recent Articles-22 March 2010

High Court Warns: Receivers should not give 'usual undertaking as to damages' lightly Norton Rose Australia The High Court recently considered, in European Bank Limited v Robb Evans of Robb Evans & Associates, the nature and extent of a "usual undertaking as to damages" given by a receiver in accordance with Part 28, rule 7(2) of the Supreme Court Rules 1970 (NSW). In doing so, it overturned the decision of the NSW Court of Appeal to reinstate the trial judge's finding that the receiver was liable for substantial losses suffered by a third party deprived of the funds which were at the heart of the dis
Can you avoid a proportionate liability scheme by referring all disputes to an arbitration? Clayton Utz A recent court decision has confirmed that in most States and Territories it won’t be possible to avoid the application of proportionate liability by simply requiring disputes to be resolved by arbitration, as previously suggested by some commentators. It may still be possible to achieve the same result if the arbitration agreement clearly states that the arbitrator cannot apply the proportionate liability legislation.	New Accident Compensation Laws for Victoria: what will this mean from an employment and OHS perspective? Norton Rose Australia The Victorian Parliament has passed a Bill to enact changes to the Victorian Accident Compensation Act 1985 (the Act). While there are a number of changes in relation to workers compensation insurance issues, this bulletin focuses on the impact on employers from an employment and OHS perspective.
Personal Property Securities Reform - Corporations Act Amendments Clayton Utz The Personal Property Securities (Corporations and Other Amendments) Bill 2010 (CA Amendment Bill) was introduced into Parliament on 10 March 2010. The Personal Property Securities (PPS) Act received Royal Assent on 14 December 2009, and the CA Amendment Bill is the second suite of consequential amendments to Commonwealth legislation brought about by the passage of the PPS Act.	Trade Practices Amendment (Australian Consumer Law) Bill 2009 Middletons In a historic day for consumer protection, the first tranche of Australian consumer law reform, the Trade Practices Amendment (Australian Consumer Law) Bill 2009 , was passed by the Senate. The new legislation amends the Trade Practices Act and the Australian Securities Investments Commission Act 2001.
The Buzz Surrounding Bamford Donaldson Walsh By its decision in Bamford, the Full Federal Court ("FFC") has (subject to reversal by the High Court or legislative change) confirmed the following in respect of trust deeds and discretionary trust distributions.	Moral Rights and Government Agencies DLA Phillips Fox Provides a basic understanding of moral rights to help government agencies do not inadvertently infringe a person’s moral rights.
Changes in Liquor Licensing; Opportunities For Producers Donaldson Walsh You may remember back in October 2009 we alerted you to a new bill being introduced into parliament to amend the Liquor Licensing Act 1997. The bill contained some exciting amendments for holders of a Producer’s Licence.	Dispute Resolution: 'Good deeds' Norton Rose Australia Lawyers sometimes choose to cast an agreement as a deed to "be on the safe side". A recent decision of the Supreme Court of Queensland shows that making an agreement into a deed is not as easy as simply changing the execution block.
It's Time: Insurance Contracts Amendment Bill 2010 Barry & Nilsson On 10 September 2003 Senator Helen Coonan (then Minister for Revenue and Assistant Treasurer) and Senator Ian Campbell (then Parliamentary Secretary to the Treasurer) announced that the government was undertaking a comprehensive review of the Insurance Contracts Act 1984 ("the Act"). The government appointed Mr Alan Cameron AM and Ms Nancy Milne as the Review Panel who were supported by a Secretariat within the Treasury. The stated objective of the review was to make recommendations aimed at i	Climate Change, KPIA And The Rule Of Law Dianne Saxe Professional Corporation, Saxe Law Office When abroad, I have often bragged about Canada’s legal system, how competent and respected are our courts and how no one is above the law. But this boast has taken a blow in the area of climate change and the Kyoto Protocol.
UK Residence/Ordinary Residence - How Easy Is It To Escape The UK Tax Net? CMS Cameron McKenna LLP The press, over recent weeks and months, has contained unprecedented comment about the tax residence and domicile of several public figures as well as speculation about a possible exodus of talent from the UK as the higher tax rates and less friendly pension deduction and domicile provisions start to bite in the UK.	Residence / Ordinary Residence CMS Cameron McKenna LLP The issue of residence and/ or ordinarily residence in the UK has attracted fresh media attention and recent cases through the English courts have left some individuals asking important questions about their status.
Income Trusts – Conversion Update Blake, Cassels & Graydon LLP Canadian income trusts will become subject to taxation beginning on January 1, 2011, under Canadian income tax rules announced in 2006 that apply to "specified investment flow-through" entities, or "SIFTs".	Arbitration Award Formalities - Signatures Al Tamimi & Company One of the essential requirements of an arbitration award is the signature, on the award, of the arbitrators who have issued the award. From a legal point of view, a signature is the only evidence of the existence of such award.
New CAP And BCAP Codes Launched CMS Cameron McKenna LLP The Committee of Advertising Practice has announced the publication of the final forms of the new CAP and BCAP Codes, following the conclusion of a lengthy public consultation to which 30,000 responses were received.	Highlights Of Canada’s 2010 Federal Budget Torys LLP The federal budget tabled on March 4, 2010 contains a number of unexpected proposed amendments to Canada’s Income Tax Act
Extension To The Environmental Permitting Regime (England And Wales) CMS Cameron McKenna LLP On 6th April 2010 the new Environmental Permitting (England and Wales) Regulations 2010 are expected to come into force (the "EP Regulations").	Changes In Corporate Governance Legislation Ministerial Resolution No. 518 Of 2009 Al Tamimi & Company Ministerial Resolution No. 518 of 2009, Concerning Governance Rules and Corporate Discipline standards ("R/518") was issued by the UAE Ministry of Economy on 29th October 2009.
When One Taxpayer Wins, We All Lose: GST/HST On Asset Management Services Torys LLP The federal budget that was released on March 4, 2010 contains draft legislation to implement the proposed changes to the definition of "financial services" in the Excise Tax Act (Canada) (ETA) previously announced on December 14, 2009 (the Proposals).	Canada’s 2010 Budget Affects Options And Stock Appreciation Rights Torys LLP Canada’s 2010 Budget released March 4, 2010 makes several significant changes to the taxation of options and stock appreciation rights (SARs). In general, the new regime takes effect after 4:00 p.m. (EST) on March 4, 2010.
Half-Success Of The Amendment Of The Land Registry Act Schönherr Rechtsanwälte The amendment of the Land Registry Act that came into effect on 1 September 2009 ended the lengthy discussions about the need for authorisation of real estate transfer agreements by a lawyer or notary public.	Entry ‘Rights’ Back on the Bargaining Agenda ... For Now Hunt & Hunt Under the Fair Work Act, the job of reviewing enterprise agreements for approval has been returned to the industrial tribunal, Fair Work Australia. Until an agreement has been approved, it will not operate to provide full protection from agitation about changes to conditions and industrial action. Getting agreements in a form able to be approved is a crucial step in the smooth introduction of new or revised conditions in enterprise agreements.
Insurance Contracts Act Amendment Bill & unfair terms in insurance contracts: a brave new world? - Take two Gadens Lawyers On 12 February 2007, following consideration of the Cameron-Milne Report, Treasury released the exposure draft Insurance Contracts Amendment Bill2007 for public comment. Finally, on 17 March 2010 (over 3 years later) the Insurance Contracts Amendment Bill 2010 has been introduced into Federal Parliament.	Inherent Vice and Perils of the Sea Reviewed DLA Phillips Fox In our Trade & Transport Bulletin of 7 May 2009 we discussed the judgment of Justice Blair of the English Commercial Court in Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad which reconsidered the law of inherent vice and the concept of inevitable loss in marine insurance. That decision has now been overturned by the English Court of Appeal in a judgment handed down on 17 December 2009 ([2009] EWHC 367 (Comm)).
Appointment of Credit Representatives under the NCCP Act Gadens Lawyers Once a business is registered, it can start appointing credit representatives straight away. Jon Denovan looks at some of the procedures.	Commonwealth Unfair Contract Terms Legislation Gadens Lawyers A discussion of the new Trade Practices Amendment (Australia Consumer Law) Bill 2009 which has been passed and is awaiting assent and the Trade Practices Amendment (Australian Consumer Law) Bill which has been introduced to the lower house.
Supreme Court Clarifies Key Portion of Diversity Jurisdiction Statute Sutherland Asbill & Brennan LLP On February 23, 2010, the U.S. Supreme Court issued an opinion in Hertz Corporation v. Friend, __ U.S. __, No. 08-1107, which clarified the test for determining the "principal place of business" for corporations pursuant to 28 U.S.C. § 1332(c).	Copying Products is Risky Business: Inducing Patent Infringement Sutherland Asbill & Brennan LLP Freedom-to-operate opinions are often a wise business investment when taking a product to market. A thorough freedom-to-operate analysis includes not only the client’s activities that might directly result in infringement, but also the possibility that a client may be liable when others directly infringe a patent.
New Criminal Regulation of Cybercrime in the Czech Republic Schönherr Rechtsanwälte The Czech Republic has a new law heralding significant change in the punishment of cybercrime.