Mondaq.Com - feed of articles

Australia: Residential premises and commercial residential premises - ATO releases final GST rulings - Norton Rose Australia

Sun, 19 May 2013 07:32:30 GMT

The classification of premises as either RP or CRP for GST purposes has long been an area of unnecessary complexity.

Australia: Can’t agree on loss of bargain? Simply apply a "congeries of provisions" - Norton Rose Australia

Sun, 19 May 2013 06:44:02 GMT

In the negotiation of complex agreements, clauses providing for agreed damages on termination can be a sticking point.

Australia: Beware the material effect of amending a plan of subdivision - Norton Rose Australia

Sun, 19 May 2013 06:36:44 GMT

This recent decision provides some guidance as to the basis on which a purchaser may rescind an 'off-the-plan' contract.

Australia: Victorian Government reforms PPP Policy to support Infrastructure Growth - K&L Gates

Sun, 19 May 2013 06:27:23 GMT

The Policy encourages private sector investment in infrastructure by providing an alternative to full private finance.

Australia: 2012 Down Under – A sample of Interesting Cases for Brand Owners - Addisons

Sun, 19 May 2013 06:03:13 GMT

Parallel imports, overseas brands and registrability of building names came under scrutiny in Australian courts in 2012.

Australia: ACCC takes first enforcement action under "Unfair Contract" laws in the Australian Consumer Law - Swaab Attorneys

Sun, 19 May 2013 05:53:52 GMT

The ACCC took enforcement action against standard form consumer contract terms which were unfair and unenforceable.

Australia: Superannuation & Funds Management - What's News - 30 April 2013 - Holding Redlich

Sun, 19 May 2013 02:27:36 GMT

The newsletter includes links to media releases, cases and legislation relating to superannuation & funds management.

Australia: Retirement made easy – Standard contracts for NSW retirement villages - Hunt & Hunt

Sun, 19 May 2013 02:25:12 GMT

Standard contracts for NSW retirement villages will be mandatory for contracts entered into on or after 1 October 2013.

United States: United States Court of Appeals Invalidates Union Posting Rule - Day Pitney LLP

Sun, 19 May 2013 01:26:43 GMT

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the National Labor Relations Board ("NLRB") rule that would require employers to display posters about workers’ rights to engage in concerted activity.

United Kingdom: Resource Nationalism And Its Impact On Infrastructure Projects - Reed Smith

Sun, 19 May 2013 01:19:20 GMT

The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of "resource nationalism" with resource-rich host states seeking greater control or a larger share of the revenue generated from its resources.

United States: No Cure Opportunity Required Where Auto Dealer's Breach Is Incurable - Day Pitney LLP

Sun, 19 May 2013 01:07:07 GMT

Many state motor vehicle dealer statutes require that franchisors provide dealers with an opportunity to cure contractual breaches prior to implementing terminations.

United States: Marketplace Fairness Act Of 2013 Passes United States Senate - Duane Morris LLP

Sun, 19 May 2013 00:51:56 GMT

On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27.

United States: District Court Limits The Collection Of Withdrawal Liability Against Private Equity Funds - Proskauer Rose LLP

Sun, 19 May 2013 00:50:38 GMT

Since the enactment of the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), employers that withdraw from a multiemployer plan have been required to pay their share of the pension plan's unfunded liabilities, i.e., an employer's withdrawal liability.

Canada: Court of Appeal Dismisses Canadian Franchise Association’s Motion to Intervene in the Dunkin’ Donuts Matter - Fasken Martineau

Sun, 19 May 2013 00:00:00 GMT

The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.

United States: Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements - Day Pitney LLP

Sun, 19 May 2013 00:00:00 GMT

Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements.

United States: Appeals Court Upholds FERC's ROE Approach - Day Pitney LLP

Sun, 19 May 2013 00:00:00 GMT

On May 10, the U.S. Court of Appeals for the District of Columbia Circuit rejected Southern California Edison's challenge to the Federal Energy Regulatory Commission's (FERC's or Commission's) setting the company's base return on equity (ROE) for three transmission projects using the median, rather than the midpoint, of a zone of reasonableness.

Canada: Canadian Competition Bureau's New Approach to Upstream Oil and Gas Mergers - Norton Rose Canada LLP

Sun, 19 May 2013 00:00:00 GMT

On May 10, 2013, the senior deputy commissioner at the Mergers Branch of the Competition Bureau (the Bureau) announced that the Bureau is changing its information requirements for merger transactions involving the upstream sector of the Canadian oil and gas industry.

Canada: Health and Safety Trumps Employee’s Seniority - Norton Rose Canada LLP

Sun, 19 May 2013 00:00:00 GMT

In a recent decision, an Ontario arbitrator has upheld the dismissal of a grievor with 37 years of service for repeated violations of the company’s health and safety rules and policies.

Australia: Continuous Disclosure to the ASX – What to Say and When? - K&L Gates

Sat, 18 May 2013 20:47:37 GMT

Continuous disclosure is again attracting attention with recent amendments to the Listing Rules and a new Guidance Note.

New Zealand: Budget 2013 – functional, not flashy - Chapman Tripp

Sat, 18 May 2013 20:22:47 GMT

The fiscal and economic outlook in NZ is steadier and the Treasury has managed a skinny forecast surplus in 2014/15.

China: Executive Summary of Modification of the Employment Contract Law by the Standing Committee of National People’s Congress - King & Wood Mallesons

Sat, 18 May 2013 20:13:50 GMT

The modification relates to the labor dispatch service, the providers and the employees, in the Employment Contract Law.

Australia: Fame of Purex Mark Counts against it in New Zealand Trade Mark Opposition - Corrs Chambers Westgarth

Sat, 18 May 2013 19:44:16 GMT

The fact that Pepscanz' PUREX mark is well known in New Zealand was held against it in this recent opposition decision.

Australia: A fairer fire levy in Victoria? not so for commercial property owners and their tenants - Corrs Chambers Westgarth

Sat, 18 May 2013 11:31:34 GMT

The levy could be costly for owners of large commercial and industrial buildings, and for tenants liable for outgoings.

Australia: 10 Sexting Legal Dangers - also for young teenagers - Stacks/The Law Firm

Sat, 18 May 2013 11:12:02 GMT

Young people need to be aware of the possible criminal consequences of sexting and posting such images on the internet.

Australia: Social Media: Aspects of the Australian Regulatory Landscape - Addisons

Sat, 18 May 2013 10:54:18 GMT

Businesses should keep abreast of the position of the ACCC, to ensure they stay on the right side of the regulator.