All FocusPapers
As highly regarded experts in their fields, the team at Addisons are regularly called upon to write for a variety of publications or speak on particular areas of law in the media. We understand the importance to our clients of having regular access to articles outlining the current legal issues effecting their businesses.
We have therefore created the Addisons FocusPapers, where you will find recent articles, publications and newsletters written by our team on particular practice areas and specialisations.
Are liquidators personally liable for GST?
18 December 2008
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Deputy Commissioner of Taxation v PM Developments Pty Ltd [2008] FCA 1886 is a recent test case in which a liquidator challenged the ATO's position that liquidators are personally liable for GST from taxable supplies made after the wind up order. Judgment was handed down on 12 December 2008.
Unreasonable director-related transactions & liabilities in Australian liquidations
17 December 2008
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
The recent case of Woodgate v Fawcett [2008] NSWSC 868 considered the provisions regarding unreasonable director-related transactions. A feature of s588FDA Corporations Act is that the company need not have been insolvent at the time or as a result of the unreasonable transaction. This broadens the range of potential transactions which may be attacked by a liquidator.
New AML / CTF Obligations Coming Into Force in December 2008
3 December 2008
Author: David Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
On 12 December 2008 certain parts of the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) ("Act") will come into force. The provisions include Division 6 of Part 2 concerning ongoing customer due diligence and Divisions 1 to 4 and Division 6 of Part 3 dealing with reporting obligations. These parts are the last of the provisions of the Act to come into force. The other provisions came into force at six and twelve month intervals from 13 December 2006. The Australian Transaction Reports and Analysis Centre (AUSTRAC) also has - and has already exercised - the power to issue legally binding rules under section 229 of the Act.
Watch This (Expanding Internet Domain Name) Space: An Initial Report on the New Generic Top Level Domain Names
20 November 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The following FocusPaper provides a broad overview of ICANN's newly proposed procedure for the introduction of additional top-level domain names to the Internet. ICANN has produced explanatory papers which serve to aid a potential applicant's understanding of the implications of the new gTLDs and the process they must undergo (see, for example, the ICANN 'New gTLD Applicant Guidebook' now open for public comment through ICANN's 'Public Comment Forum' - to be commented on by the likes of INTA and other prominent contributing organistations by 8 December 2008). This FocusPaper is the first in a series which will follow (and provide relevant commentary on) the developments of the intriguing yet technically complex procedures being considered and employed to implement what is set to be the biggest and most revolutionary transformation to the Internet since its inception.
Smoking Ban in NSW - What does it mean in respect of Outdoor Areas for Pubs, Clubs and Other Gambling Venues?
13 November 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
ClubsNSW commenced proceedings in the NSW Supreme Court in a bid to obtain certainty on whether the outdoor area of a club was an area where club patrons could smoke legally.
ACCC Investigations - When can the ACCC be Required to Disclose Documents?
17 October 2008
Author: Graham Maher, Partner
Practice area: Competition, Trade Practices & Regulatory
There is significant awareness of the broad powers of the Australian Competition and Consumer Commission ("ACCC") to compulsorily acquire documents and information as part of its investigative powers under the Trade Practices Act (Cth) ("TPA"). There is perhaps less awareness of the ACCC's obligations to provide documents to those against whom proceedings are commenced which would assist in the defence of their position.
A Review of ASIC Relief from Financial Reporting Obligations
17 October 2008
Author: David P. Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
The Australian Securities & Investments Commission has this month released Regulatory Guide 43 in relation to obtaining relief from financial reporting obligations under the Corporations Act 2001 (Cth).
Australia - Copyright in Databases/Compilations - the Ice Case - is any use of Information in a Database Subject to Copyright Permitted?
4 September 2008
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
In May 2008, the Full Federal Court of Australia upheld an appeal by Nine Network Australia Pty Limited ("Nine"), finding that Ice Pty Limited ("Ice") had infringed the copyright in Nine's television program schedules. The Full Federal Court held that Ice infringed Nine's compilation copyright by substantially reproducing Nine's program titles and times in Ice's subscription-based electronic program guide ("EPG") for television.
Redeemable preference shareholders in an administration or winding up
4 September 2008
Author: Nicole Tyson, Partner
Practice area: Insolvency & Corporate Reconstruction
Addisons has recently acted for the administros of a company in administration in whcih the NSW Supreme Court has given directions as to whether redeemable preference shareholders of the company hold their rights as shareholders or creditors.
Are You Insured?
4 September 2008
Author: Nicole Tyson, Partner
Practice area: Commercial Litigation & Dispute Resolution
A recent decision of the High Court acts as a reminder of the importance of
Milestone Agreement Set to Increase Access to US Capital Markets
3 September 2008
Author: David P. Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
On 25 August 2008, the Australian Securities & Investments Commission ("ASIC") together with the Australian Minister for Superannuation and Corporate Law, executed a Mutual Recognition Arrangement ("MRA") with ASIC's US counterpart, the United States Securities and Exchange Commission ("SEC"). The MRA is expected to significantly reduce requirements for Australian entities wishing to offer securities to US investors. The agreement follows similar agreements that Australia has signed with New Zealand and Hong Kong authorities that are intended to establish closer links with their respective financial markets.
Is Poker a Game of Chance? - The Australian Position
20 August 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
The recent case of Police v Jones, Police v Ravesi [2008] SAMC 62 confirms that poker involves skill and is not merely a game of chance. Although the outcome of this case was dependent on the specific wording of the South Australian statute, it confirms the view taken by most Australian authorities that poker should be treated different from other games when considering whether unlawful gambling has taken place.
New .tel Domain Name - Available to Trade Mark Owners from December 2008
18 August 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The next generation of Domain Names will arrive later this year. Unlike its predecessors (like the .mobi Domain) the .tel Domain is not targeted to those wanting a Domain from which to run, for example, a company website. Rather, the .tel Domain aims to act as a name based navigation system.
ASX Review Highlights Need for Prompt Disclosure of Directors' Interests
4 August 2008
Author: David Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
The Australian Securities Exchange has recently released its findings of a review conducted by ASX Markets Supervision of disclosure of directors' interest notices lodged by listed entities. The Review was conducted over the period commencing 1 January and ending on 31 March 2008.
When is an Agreement Over and Out?
21 July 2008
Author: Philip Stern, Partner
Practice area: Commercial Litigation & Dispute Resolution
In Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61 ("Koompahtoo"), the High Court has confirmed the ability of a party to a contract to terminate, where the other party has breached a non-essential term of the contract.