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 Legal Update : Not insolvent - guess again? - On occasions a perfectly solvent company can be placed into liquidation. Usually this happens because a director, or someone associated with a company, has failed to notice a statutory demand or a wind up application which has come to the registered address of the company  More   Legal Update :: Building and Construction Industry Security of Payments Act 1999 (NSW) - To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?  More   Case note: Strong Wise Limited v Esso Australia Resources Pty Limited (2010) FCA 240, 18 March 2010 - This case is of interest for two reasons, One: it contains a detailed examination of the conduct of a Master and Pilot in dealing with a dangerous situation in bad weather in which an anchor had dragged in order to ascertain how many "incidents" occurred for the purposes of determining whether one or more limitation funds needed to be set up by the owners; Two: because it contains criticisms of the conduct of the Pilot (who gave evidence) and the Port Authority (the latter was not a party to the action and gave no evidence in the proceedings) in dealing with the dangerous situation with which they were confronted.  More   Legal update: To what extent are Adjudication Determinations under the Building ¬and Construction Industry Security of Payments Act 1999 (NSW) subject to Judicial Review? - A recent decision of the High Court has potentially wide-ranging effects on the ability of parties to seek the Supreme Court's assistance to set aside unfavourable determinations made under the Building and Construction Industry Security of Payment Act 1999 (NSW).  More   Construction Legal update :: New Commercial Arbitration Act - A new arbitration regime is imminent in New South Wales. It is likely to radically alter  More   Legal Update :: New Commercial Buildings Energy Efficiency Disclosure Program - While the introduction of an emissions trading scheme may have slipped off the political agenda of both the major political parties for the time being, other "green" legislation is still being passed.  More   Case Note - Dualcorp extended: new authority on reagitated claims AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135 - On 4 May 2010, CBP were successful in Supreme Court proceedings to restrain an adjudication application from being served on a client even though the application would have related only to...  More   Insurance Case note :: Conflicting evidence and the value of meticulous clinical notes - In Hollier v Sutcliffe [2010] NSWSC 279, the plaintiff, Ms Hollier, alleged that her GP, in breach of her duty of care, incorrectly inserted an Implanon contraceptive device, causing her both physical injury and mental trauma. In his judgment, Hulme J considered the difficulties posed by conflicting evidence. He also revisited the requirements for establishing mental harm.  More   Case Note :: No Claim, No Gain:Cassidy v Leslie [2010] NSWSC 742 - Does a contingent loss equate to a "claim"?  More   Case Note :: The not so long arm of the US law - In our May 2010 Case Note, we discussed the significant implications of the potential application of US securities laws outside of the US. At that time, a decision was awaited from the US Supreme Court in the case of Morrison v National Australia Bank. The US Supreme Court delivered its decision on 24 June 2010.  More   Case Note :: A duty to provide medication - Beazley and Macfarlan JJA and Handley AJA of the Court of Appeal recently held that a residential drug and alcohol rehabilitation facility does not owe a duty of care to its residents to “ensure” that they are provided with medication prior to leaving the premises. CBP were successful in defending the Respondent residential drug and alcohol rehabilitation facility.  More   Case note :: Forster v Hunter Health - The New South Wales Court of Appeal recently clarified the requirements for an application for interim payments in the case of Forster v Hunter New England Area Health Service [2010] NSWCA 106. The appeal arose following the decision of Hulme J of the Supreme Court of New South Wales, in which he dismissed an application by the parents of Michael Forster (Deceased) for an interim payment in the sum of $20,000.  More   Conflicts of interest faced by reinsurance brokers - CONFLICTS OF INTEREST FACED BY REINSURANCE BROKERS AND DUTIES OWED BY PRODUCING AND PLACING BROKERS TO THE REINSURED - AUSTRALIAN RESPONSE  More   AIDA Working Group State supervision - Australian response - AIDA WORKING GROUP STATE SUPERVISION - AUSTRALIAN RESPONSE  More   Legal Update - Insurance Contracts Amendment Bill 2010 - The proposed amendments to the Insurance Contracts Act 1984 (Cth) (IC Act) have now been released and are expected to be passed this year, possibly as early as June/July.  More   Case Note:The Long Arm of the US law - For some time, there has been concern over the long arm of the US law and the attempts of US regulators and US Courts to impose US law on foreign companies and their directors.  More   Case note: Loss of chance in cases of medical negligence: - On 21 April 2010 the High Court (Gummow ACJ, Hayne, Crennan, Kiefel and Bell JJ) upheld the decision of the NSW Court of Appeal in Gett v Tabet [2009] NSWCA 76. In a decision which again emphasises traditional tests of liability in tort, the High Court held that claims for the loss of a chance of a better medical outcome are generally unavailable under the common law.  More   Insurance Newsletter UK - In this issue: London visit, United Arab Emirates, Australian Corporate Regulator, Team News  More   Property Legal Update : The Australian Consumer Law: what does it mean for the property industry? - The Australian Consumer Law makes a term of a consumer contract void if  More   Property Newsletter :: August - In this issue we cover the following: Caution needed for caveat wording; Changes to the Duties Act from 1 July 2010; Retirement villages; Mandatory commercial building disclosures and Holding over or a new lease?  More   Legal Update :: Ad Valorem Transfer Fees - As announced in the State budget in June 2010, the NSW government has now passed legislation to amend the fee schedule to the Real Property Regulations 2008 to introduce ad valorem fees with respect to transfers.  More   Leasing Newsletter - In this edition we cover: World’s Best landlord or just another Sarker?; Landlords beware:ACCC nukes the Duke  More   Legal Update - World's Best landlord or just another Sarker? - On 15 April 2010, the New South Wales Court of Appeal handed down its decision in the case of World Best Holdings Limited v Sarker [2010] NSWCA 24. The decision marks what could be the end of almost six years of litigation in this dispute.  More   Property Newsletter May - In this issue: Option periods and section 66ZG of the Conveyancing Act; Does a lost view end a contract?; Contamination and misrepresentation by silence  More   Property Legal Alert - Land law applying to personal property security interests - Personal property securities reform has arrived with the commencement of the Personal Properties Securities Act 2009 (Cth) (PPS Act) on 15 December 2009. The PPS Act establishes a national Personal Property Securities Register which is likely to take effect on 1 February 2012.  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   Leasing Newsletter - This is the first edition of the leasing newsletter from CBP’s property Group.  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   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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