Commercial & Corporate Newsflash - Carbon Pollution Reduction Scheme delayed but greenhouse reporting obligations continue - Regardless of the fate of the CPRS legislation, the deadlines for reporting large scale greenhouse gas emissions and energy consumption/production under the National Greenhouse and Energy Reporting Act 2007 (NGER) remain  More   Legal Update - Australia's Carbon Pollution Reduction Scheme (CPRS): a first look at the CPRS draft - The introduction of a CPRS in Australia from 1 July 2010 will be one of the most significant economic and environmental reforms in decades and it is anticipated the changes will directly affect over 1,000 business entities Australia wide and cause many others to strategically consider new ways of doing environmentally effective business  More   NGERA - Determining participation - This flowchart helps determine if you have to register. From 1 July 2008 all controlling corporations must apply for registration with the GEDO if their corporate group emits greenhouse gas or produces or consumes energy at or above the specified thresholds for a financial (reporting) year.  More   NGERA - Reporting obligations - This flowchart helps you to review your reporting obligations You must report certain energy and greenhouse gas data to the government.  More   Commercial Dispute Resolution Newsflash - Is your workplace ready for the changes in the regulation of work to take effect in less than one month’s time? - By way of reminder the National Employment Standards (NES) and new Modern Award System will take effect under Fair Work Australia, 2009 (Cth) effective 1 January 2010. It is important that employers review employment contracts, policies and industrial awards to ensure that they are ready for the regulatory change. This process is particularly important for employers that will become subject to the Federal jurisdiction despite historically being State regulated in terms of workplace laws.  More   CDR Newsletter - OH&S Update November 2009 - This issue covers the following topics: Cutting back the red tape: National OHS Reform - Case Note: Leighton Contractors Pty Ltd v Brian Allan Fox & Ors; Calliden Insurance Ltd v Brian Allan Fox & Ors (2009) HCA 35 - Cutting Edge Developments in the High Court: Kirk & Anor v Industrial Relations Commission of NSW & Anor  More   CDR Newsletter - September 2009 - This issue covers the following topics: Painting a clearer picture - Enforceability of agreements to negotiate in good faith; Unfair contract terms - national consumer law; COAG audit - Directors exposure to criminal liability; Ritualism and Divine Rites; The CDR Team gets creative; Q&A with David Miller  More   Legal Update - A recent decision of the Supreme Court may have far reaching consequences for landlords of distressed businesses - Recently the Supreme Court was asked to determine whether or not a landlord could continue to claim rent on an ongoing basis from a company that had gone into a deed of company arrangement (DOCA).  More   Newsflash - Proposed increased regulation of executive termination payments - On a global level executive remuneration has become a topic of much political and social debate. There is currently a high level of public “outrage” against executive remuneration. In Australia this has led to proposed legislation reform to increase the regulation of executive termination payments  More   Legal Update - A new employment law regime: Fair Work Act - The Fair Work Act, 2009 (Act) is a complete replacement of the Workplace Relations Act 1996 and will commence on 1 July 2009 with the National Employment Standards (NES) and modern awards commencing on 1 January 2010.  More   Case Note: Shedding staff in times of financial woe - Risk Management for businesses - The financial crisis is impacting not just banks and the economy but all businesses in general. Businesses will often contact their accountant to discuss strategies to reduce costs to help the business survive. One area is often retrenchment of staff  More   Forward with fairness - Status of the Federal Government's porposed Fair Work Bill - The Fair Work Bill if enacted, will replace the WRA and provide for a new workplace relations system which will take effect on 1 January 2010. Legal scholars estimate that the new legislation will cover approximately 85 percent of Australian employees.  More   Newsflash: The Labor Government introduced the Fair Work Bill into parliament yesterday... an end to Workchoices - The Minister for Employment and Workplace Relations, Julia Gillard, introduced the 613 page Fair Work Bill 2008 (Bill) to parliament.  More   Corporate time-bombs and the Tax man - Statutory Demands are designed to create a presumption of insolvency. If the Demand is not satisfied (usually by paying out the debt or being successfully challenged) then, once the prescribed time for compliance has expired, the Demand can be used as a basis to wind up the recipient company and have a liquidator appointed to it.  More   Commercial Dispute Resolution Newsletter: June 2008 - This issue covers the following topics: Misleading and deceptive conduct in dual price advertising; Proposed National Employment Standards; Emerging Artist Function; Upcoming Seminar: Discrimination and Harassment; Profile: Penny Karvouniaris  More   Construction Construction Newsletter: December 2009 - This issue covers the following topics: Genuine and good faith negotiations; Dualcorp revisited; The important right to suspend the works under the Security Of Payment Act; Home Building — changes to home warranty insurance; and Home Building — changes to licensing  More   Construction Newsletter: October 2009 - This issue covers the following topics: Liquidated damages; Once is enough; Construction safety - no duty to train subcontractors; Carbon emissions and climate change already monopolises a lot of public debate  More   Insurance Insurance Newsletter UK - In this issue: London visit, United Arab Emirates, Australian Corporate Regulator, Team News  More   Newsflash: Possible entitlement to refund of stamp duty on insurance policies - The NSW Supreme Court of Appeal in Chief Commissioner of State Revenue v Qantas Airways Ltd [2009] NSWCA recently confirmed the decision of the Supreme Court in Qantas Airways Ltd v Chief Commissioner of State Revenue [2008] NSWSC 1049 that stamp duty was not payable under the Duties Act 1997 (NSW) on premiums paid to insurers neither registered nor authorised as general insurers under the Insurance Act 1973 (Cth) until 20 June 2006 when the legislation was amended.  More   Insurance Casenote - “Restaurant Rage” HCA decision: Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem - On 10 November 2009 the High Court handed down its decision concerning an appeal by the licensees of Adeels Palace Pty Ltd (Adeels).  More   Legal Update: First stage of proposed reforms to privacy law in Australia - On 14 October 2009 the Australian Government released its first stage response to the Australian Law Reform Commission’s (ALRC) review of privacy law in Australia.  More   Legal Update - Updated compensation and insurance arrangements for licensees - ASIC has released an updated version of Regulatory Guide 126 Compensation and insurance arrangements for AFS licensees.  More   Asbestos issue bogged down in court system: lawyer -  More   Newsflash: Can loss of chance be claimed in cases of medical negligence? - The New South Wales Court of Appeal recently delivered a unanimous decision in the matter of Gett v Tabet [2009] NSWCA 76 wherein the Court overturned previous authorities and did not allow an award of damages for the loss of a chance of a better medical outcome.  More   Legal Update: Proposed Data Collection Requirements for General Insurance Intermediaries - Significant new data collection and reporting requirements have been proposed that will affect certain general insurance intermediaries that are Australian Financial Services Licence holders (licensees).  More   Insurance Casenote - New Cap Reinsurance Holdings Limited - New Cap Reinsurance Holdings Limited - The long running saga involving the capital raising in 1999 by New Cap Reinsurance Holdings Limited (NCRH) finally ended in the High Court of Australia on Friday, 4 September 2009.  More   UK Newsletter - In this issue: climate change, London visit, disclosure of terms of an insurance policy, FOS Terms of Reference, team news  More   Legal Update: Climate Change - the next wave of corporate liability - Australia is undergoing significant regulatory reform in response to global concerns regarding climate change.  More   Proposed changes to the Financial Ombudsman Service (FOS) terms of reference - FOS is one of the three external dispute resolution (EDR) schemes approved by ASIC under Chapter 7 of the Corporations Act 2001 (Cth) (the Corporations Act) and provides EDR services for up to 80% of Australian banking, insurance and investment disputes.  More   Newsflash - Access to Insurance Policies Denied: Wingecarribee Shire Council v Lehman Brothers Australia Limited - Wingecarribee Shire Council (Council) commenced proceedings last year against Lehman Brothers Australia Limited (Lehman) for damages arising out of, amongst other causes of action, alleged misrepresentations that induced the Council to invest in Collateralised Debt Obligations (Proceedings).  More   UK Newsletter - This issue covers the following topics: Tough times ahead for D &O underwriters, Australia's asbestos litigation environment remains vibrant, additions to our team  More   Newsflash: The pitfalls of being an emergency services officer - A reveiew of Neal V Ambulance Services of New South Wales [2008] - Who should make the decisions about emergency medical treatment - the intoxicated and unreasonable patient or the sober and considered emergency services officer?  More   Newsflash: When is late "too late"? - A case involving a two year old girl and her severed fingers has defined the law governing the commencement of causes of action for personal injury damages.  More   Case Note: Agricultural and Rural Finance Pty Ltd v Gardiner - High Court confirms the ordinary and strict interpretation of the requirement in commercial contracts for payments to be made "punctually".  More   Case Note: Proportionate liability: How it should be pleaded. - The Supreme Court has recently delivered a decision that details how to effectively plead proportionate liability under Part 4 of the Civil Liability Act.  More   Insolvency Alert: Financial turmoil - Not since the 1987 crash have we seen anything like this - a 25% depreciation in the Dow Jones which would have been even higher if Lehman Brothers was still trading.  More   Case note: P & H Property Service Pty Ltd v Branigan; Westfield Shopping Centre Management Co Pty Ltd v Branigan [2008] NSWCA 195 - The New South Wales Court of Appeal recently delivered judgment in the case of P & H Property Service Pty Ltd v Branigan; Westfield Shopping Centre Management Co Pty Ltd v Branigan [2008] NSWCA 195 which raised questions about the adequacy of shopping centre floor inspection procedures.  More   Case Note: G and M v Sydney Robert Armellin - The Australian Capital Territory Supreme Court recently handed down the decision in G and M v Sydney Robert Armellin [2008] ACTSC 68.  More   Legal Update: CGU Insurance Limited v Porthouse [2008] HCA 30 - The High Court of Australia anded down its decision of CGU Insurance Limited v Porthouse [2008] HCA 30 on 30 July 2008.  More   Newsflash: Limited liability provisions under the Trade Practices Act - The incorporation on 12 June 2008 of 13 new prescribed schemes under the limited liability provisions of the Trade Practices Act highlights the potential benefits of section  More   Newsflash: Release of draft reform package for the NSW planning system - On 3 April 2008 the NSW Government released its long awaited planning reform package, designed to build upon the significant changes introduced over the past three years.  More   Property Property Newsletter - November 2009 - In this issue: Bad hair day for landlord in ADT, Housing Construction Acceleration Plan (HCAP), Part payment of deposits, Possession of land - no longer 9/10ths of the law?, The Repco Case - Problems with rent review valuations  More   Property Newsletter - July 2009 - In this issue: Deposits less than 10%, Extensions of time for registrations of plans, Clause 7 claims, Sales subject to reports, Requisitions in sale matters, Conditions precedent to settlement  More   Leasing Newsletter - June 2009 - In this issue: Tenant's destruction of landlord's foyer a "contumelious disregard" of landlord's rights, Documenting leases, Retail Leases Act and third parties  More   Newsflash - Overhaul of the Real Property Act and Conveyancing Act - On 6 May 2009 the Real Property and Conveyancing Legislation Amendment Bill 2009 was passed through NSW Parliament. A number of important amendments are made to the Real Property Act 1900 (NSW) and Conveyancing Act 1919 (NSW)  More   Property Seminar Notes: Our challenging economy & property transactions - Notes following the CBP Property breakfast seminar held on 31 March 2009  More   Property Newsletter: March 2009 - Topics included in this issue are: Dangers with notices to complete, changes to the margin scheme, stamp duty aggregation, GST updates, Is a second hand car yard a second hand goods shop? and Amendments to Succession Act  More   Legal Update: ATO draft ruling confirms good GST news for developers - The ATO has issued a draft ruling to confirm its revised opinion in relation to creditable purpose and adjustments as was originally set out in the ATO Interpretative Decision (ID) 2008/114.  More   Case Note: Commissioner of Taxation of the Commonwealth of Australia v Word Investments Limited - The decision is of interest to charitable institutions seeking confirmation that they or their associated organisations are entitled to an income tax exemption for investment and business income.  More   Property Newsletter December 2008 - This issue covers 2008 State Mini Budget, Recent Supreme Court case on recovery of economic loss in a Retail Lease Dispute, No HBA Certificate - So What?  More   Leasing Newsletter - This is the first edition of the leasing newsletter from CBP’s property Group.  More   Property Newsletter: September 2008 - This issues covers the following topics: Reliance Carpet case and GST on forfeited deposits; Good GST news for developers; Budget changes to stamp duty; Mixed use buildings: enforcement of a prohibition on fast food outlets; Land Tax adjustments  More   Property Newsletter: June 2008 - This edition covers the following topics: CBP honoured at Mettle ALB Awards; Duty paid on the acquisition of strata leasehold properties used for income producing purposes may be deductible; Interpretation of easements; Termination beats waiver of condition contained in contract; Can I get out of my “off the plan” contract?; Deposit Bonds - strict compliance required.  More   Property Newsletter February 2008 - This edition covers the following topics: CBP hosts successful UDIA Market Luncheon; Stamp duty changes for the new year; "Reasonable Endeavours": Wolseley Investments Pty Ltd v Gillespie; Collateral agreements and sale of land; Vendor's lien; Succession Act 2006 to come into force on 1 March 2008; Upcoming seminar: Retail Leasing  More   Property Newsletter - February 2010 - In this issue: New retirement village laws; Put and call options - are they contracts?; Uniform Torrens legislation coming to Australia  More   Trade & Transport Casenote - Shippers Beware: The “Aconcagua” (2010) 1 Lloyds Rep.1 - Mr Justice Clarke, in the High Court in England, has held that a charterer was entitled to claim an indemnity from the shippers under Article IV rule 6 of the Hague Rules in circumstances in which a cargo of 334 kegs of calcium hypochlorite stowed in a container self ignited and exploded on board the vessel.  More   Maritime and Transport Law in Australia -  More   Case Note: Environment Protection Authority v Bowport All Roads Transport Pty Limited - This judgment is a sentencing judgment as a result of prosecutions under Regulation 9(1) of the Protection of the Environment Operations (Clean Air) Regulation 2002. They involve technological detection of four “smoky vehicles”, one of them twice, in the M5 East Tunnel.  More   Case Note: R Marine Pittwater Pty Ltd v Skinner - The firm acted successfully for Allianz, the liability insurer of Darren Skinner, a shipwright, who was sued by the insurers of R Marine Pittwater Pty Limited, formerly Riviera Sydney Pty Limited.  More   Legal Update: United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea - On 23 September 2009the United Nations body UNCITRAL organised a signing ceremony for the Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea in Rotterdam.  More   Legal Update: Rule B Security for Maritime Claims: Australia - The huge sigh of relief that was heard from Maritime lawyers, outside New York, on 16 October 2009, greeted the judgment of the United States Court of Appeal for the Second Circuit in the case of Shipping Corporation of India Limited v Jaldhi Overseas Pty Limited.  More   Dubai Dubai Newsletter - News from Dubai May 2008 - News from Dubai covering - Recent Dubai events; Dubai Sporting Season; US$ 2 million paid for beauty contest winner; Jeddah Economic Forum; Article taken from Gulf News April 19 2008; Possible changes to allow for foreign ownership of companies; Dubai vs Sydney in Metro race; CBP’s Current UAE work; UAE labour laws; CBP Seminar  More   Lawyers Weekly article about CBP in Dubai - The Lawyers Weekly magazine published an interview with CBP Managing Partner Dunstan de Souza about CBP's Dubai venture  More   Advoc Advoc Asia: July 2006 - Our latest issue covers the first scalp claimed by the Spam Act; border measures in Malaysia; and Australian permanent residency for offshore business owners and senior executives.  More   Browse our archive of past newsletters. 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