Sign in or Join

Sign in | Join

Most Read

Subscriptions

Advertisement

Latest Books

LexisNexis Special Report - Financial Fallout
Written by leading industry experts
Price: $250.00

This once-off report is designed to give clarity on the financial markets crisis.
   
Commercial Tenancy Law - Third Edition
Author(s): Bradbrook, Croft & Hay
Price: $275.00

An authoritative and comprehensive analysis of the law in Australia relating to commercial leases.

Visit book store

Upcoming Conferences

National Industrial Relations Law
16-17 June 2009, Crowne Plaza, Sydney

The much debated Fair Work Act 2008 has arrived. This is your unique opportunity to hear from all the industry experts on each area which affects your practice.
   
Advanced Insolvency Law Intensive
Revival, Survival 2009 - Are you an insolvency practitioner or are you considering moving into insolvency or maybe just expanding your insolvency team? Then the LexisNexis Advanced Insolvency Law Intensive's are for you. Register today. Available in Sydney, Brisbane, Melbourne and Perth from August to September

Visit our conferences page
A daily briefing of legal news featured in Australia's major newspapers keeping you abreast of latest development in the legal industry.

legalBIX Daily Newsletter 30 July, 2010

 

ASIO chief warns on cyber attacks
The Australian Financial Review --- Page: 1/4 : 30 July 2010
Original article by Geoff Kitney and John Kerin

LexisNexis Summary
The Australian Security Intelligence Organisation (ASIO) believes that cyber espionage represents a major threat to the business sector. ASIO's director-general, David Irvine, says overseas intelligence services could target IT systems in the corporate sector as well as Australia's defence systems. Paul Twomey of Argo Pacific warns that companies and executives could potentially face negligence lawsuits if they fail to take adequate measures to secure their IT systems

 

NAB case sets precedent on right to sue in US
The Sydney Morning Herald --- Page: online : 30 July 2010
Original article by Greg Stohr

LexisNexis Summary
A US Supreme Court ruling in a case involving National Australia Bank sets a precedent. On 24 June 2010, the court ruled that US federal securities laws do not allow non-Americans to sue in US courts over the shares of a foreign company that are only listed on an overseas stock exchange. Three Australian shareholders had brought a fraud lawsuit against the bank. The ruling will reduce litigation costs for foreign-based companies

 

Roberts lifts the lid on working of Supreme Court
The Australian --- Page: 34 : 30 July 2010
Original article by Michael Pelly

LexisNexis Summary
US Chief Justice, John Roberts, gave three lectures at Melbourne University during July 2010. In addition, he conducted a five-day workshop on the workings of the US Supreme Court. Melbourne University Law School Dean, Michael Crommelin, says the workshop was interactive, with students asked questions

 

Crean to press ahead with watchdog change
The Australian --- Page: 7 : 30 July 2010
Original article by Patricia Karvelas

LexisNexis Summary
Legislation to replace the Australian Building & Construction Commission was passed in the House of Representatives. However, the Australian Government was unable to ensure that the law passed in the Senate. Workplace Relations Minister, Simon Crean, says he will reintroduce the legislation if the Government is returned to power. He has also indicated that the legislation will not be adjusted to make it more appealing to the Australian Greens

 

US ruling on NAB may benefit BP
The Age --- Page: online : 30 July 2010
Original article by Greg Stohr

LexisNexis Summary
A US Supreme Court ruling in a case involving National Australia Bank sets a precedent. On 24 June 2010, the court ruled that US federal securities laws do not allow non-Americans to sue in US courts over the shares of a foreign company that are only listed on an overseas stock exchange. Three Australian shareholders had brought a fraud lawsuit against the bank. The ruling will reduce litigation costs for foreign-based companies

 

Private practice pay rises race ahead
The Australian --- Page: 33 : 30 July 2010
Original article by Debbie Guest

LexisNexis Summary
Lawyers in private practice are gaining higher pay rises than corporate lawyers. A salary survey by Mahlab Recruitment found that the pay rises of private practice lawyers are at least three times the rises of in-house counsel. However, the survey shows that the influence of corporate lawyers is growing, as clients increasingly seek value

 

US Chief Justice's pep talk on bill of rights
The Australian --- Page: 33 : 30 July 2010
Original article by Michael Pelly

LexisNexis Summary
Melbourne University chancellor, Alex Chernov, says a speech by US Chief Justice, John Roberts, has given hope to Australian human rights advocates. While he did not specify that Australia should adopt a bill of rights, Roberts did provide "hints" as to his position on the matter, suggesting that Australia's judiciary is free and independent enough to ensure protection of a bill of rights. However, Roberts claimed that, in establishing such a bill, Australia could learn from the US experience

 

New law will mean justice is conducted in secret
The Australian --- Page: 34 : 30 July 2010
Original article by Justin Quill

LexisNexis Summary
Proposed national uniform legislation on court suppression orders will reduce the openness of the Australian court system. The legislation will add another circumstance in which a suppression order can be made. However, the interpretation of "public interest" will be problematic. The media was not properly consulted before the legislation was approved by the Standing Committee of Attorneys-General

 

How CPA Global was blackballed
The Australian --- Page: 33 : 30 July 2010
Original article by Chris Merritt

LexisNexis Summary
An awkward situation over sponsorship of the Australian Corporate Lawyers Association's 2010 conference has been resolved. Global legal outsourcer, CPA Legal, had been invited to participate and intended to contribute $A25,000. However, law firm Middletons expressed concern about its inclusion and organiser LexisNexis emailed CPA Global about its rejection. The rejection was soon overturned and blamed on miscommunication

 

Bank's green foray triggers legal row
The Australian Financial Review --- Page: 51 : 30 July 2010
Original article by Emma Connors

LexisNexis Summary
The two founders of Australia's first carbon fund, Arkx Clean Energy Fund, are in dispute. The fund was founded in 2007. Co-founder Lisa Wade and colleague Nicki Ashton left in November 2009. In January 2010, it was announced that Ascalon Capital Managers, which is owned by Westpac, had acquired a 30 per cent stake. Wade and Ashton have taken legal action, claiming that negotiations with Ascalon were not disclosed and they sold their shares at less than market value

 

Prejudice
The Australian --- Page: 34 : 30 July 2010
Original article by Chris Merritt and Michael Pelly

LexisNexis Summary
The Australian Government's actions on the pardon application of whistleblower, Allan Kessing, bring its credibility into question. The Attorney-General's Department will not give Kessing access to all legal advice and Home Affairs Minister Brendan O'Connor has avoided questions on the matter

 

Animals get a voice
The Australian Financial Review --- Page: 41 : 30 July 2010
Original article by Alex Boxsell

LexisNexis Summary
The issue of animal rights and the legal protection of such rights is attracting scrutiny in Australia. Law firms and universities will host a series of lectures on animal law that have been organised by Voiceless, an animal protection group, while a number of law schools include animal law in their curriculum. Lawyer Graeme McEwen has called for the Australian Government to take a leading role in pursuing reforms to laws concerning animal rights

 

Time to kill hourly billing
The Australian Financial Review --- Page: 41 : 30 July 2010
No author supplied for original article

LexisNexis Summary
More law firms are responding to clients' demands for an alternative to the traditional policy of billing by the hour. Susan Hackett, the general counsel at the Association of Corporate Counsel, says there has been strong growth in the use of "value-based" billing by members in recent years. The trend away from hourly billing gathered pace with the onset of the global economic downturn, particularly among in-house lawyers

 

Local alternatives
The Australian Financial Review --- Page: 41 : 30 July 2010
Original article by Hannah Low

LexisNexis Summary
More in-house lawyers are abandoning the traditional policy of billing by the hour. Data from the Australian Corporate Lawyers Association shows that corporate and government lawyers are increasingly adopting alternative billing methods, such as capped or fixed fees

 

How top American judge plays ball, conservatively
The Australian Financial Review --- Page: 40 : 30 July 2010
Original article by James Eyers

LexisNexis Summary
US Chief Justice John Roberts visited Australia in mid-July 2010, to speak at a series of workshops hosted by several leading universities. Roberts discussed the issue of a bill of rights, and the US Supreme Court's role in enforcing and interpreting the bill of rights, which is enshrined in the US Constitution. In contrast, the focus of the debate in Australia has been on a statutory bill of rights

 

Rethink on judicial appointment process
The Australian Financial Review --- Page: 40 : 30 July 2010
Original article by Alex Boxsell

LexisNexis Summary
The Victorian Government could make changes to the selection process for magistrates and judges. A new discussion paper looks at alternatives to the current procedures, such as establishing an independent commission to provide advice to the Attorney-General on potential candidates for the judiciary. Other proposals include requiring judicial candidates to undergo mandatory health checks

 

It'll be all writ by election night
The Australian Financial Review --- Page: 42 : 30 July 2010
Original article by Hanns-Jochen Kaffsack and James Eyers

LexisNexis Summary
On 4 August 2010, the High Court of Australia will hear a case pertaining to changes made to the Electoral Act in the final days of the Howard Government. The case is being brought by GetUp and the Human Rights Law Resource Centre on behalf of two students. Following the Howard Government's move to reduce the cut-off date for new voters to the date writs were issued, the students missed the cut-off date to vote in the 2010 election. They will petition the court to allow them and others in their position to vote at the upcoming election

 

Firms set up green group
The Australian Financial Review --- Page: 41 : 30 July 2010
Original article by Alex Boxsell

LexisNexis Summary
Clayton Utz, Mallesons Stephen Jaques and DLA Phillips Fox are among the law firms that have signed on to the Australian Legal Sector Alliance. Henry Davis York, Maddocks, Swaab Attorneys and Norton Rose will also become founding members. The Alliance is working with the "green practice program" of the Law Institute of Victoria and with Net Balance Foundation to devise tools to boost sustainability

 

Salary and staff freeze thaws out
The Australian Financial Review --- Page: 42 : 30 July 2010
Original article by Alex Boxsell

LexisNexis Summary
Research by Mahlab Recruitment indicates a rise in average salaries in the Melbourne and Sydney legal professions. Salaries lifted by between 12 per cent and 14 per cent for private practice lawyers during 2009-10. Average in-house lawyers' income rose by four per cent, while the average salary of partners lifted by between four and seven per cent

 

US pay stance could catch on
The Australian Financial Review --- Page: 9 : 30 July 2010
Original article by Hannah Low

LexisNexis Summary
The US Government's Dodd Frank Wall Street Act imposes new disclosure requirements with regard to executive remuneration. Bill Fuggle of law firm Baker & McKenzie expects Australian regulators to selectively implement measures in the Act, although Sullivan & Cromwell's Waldo Jones believes that many of the reforms implemented in the US are already part of good corporate governance in Australia

 

Divorce case tests status of trust assets
The Australian Financial Review --- Page: 10 : 30 July 2010
Original article by Marsha Jacobs

LexisNexis Summary
The High Court of Australia will be asked to decide whether the assets of a family trust should be included in a divorce settlement. Retired barrister Ian Spry, QC, is appealing against the court's earlier ruling that he was not entitled to transfer assets from the family trust into four trusts that were established on behalf of his children. The High Court had upheld a decision of the Family Court

 

Weapons hit the agenda
The Australian Financial Review --- Page: 15 : 30 July 2010
Original article by John Kehoe

LexisNexis Summary
Australia's major political parties revealed aspects of their law and order policies on 29 July 2010. In Melbourne, Opposition leader Tony Abbott announced a $A179 million program to address gangs and crime. Home Affairs Minister Brendan O'Connor said that the Australian Labor Party would impose stricter controls on a number of weapons

 

SMEs lag on property law
BRW --- Page: 14 : 29 July 2010
Original article by Judith Tydd

LexisNexis Summary
Amendments to the way that security can be taken over personal property (excluding land) will take effect in May 2011. Small business is not prepared for the reforms. In a poll by Allens Arthur Robinson, corporate and general counsel ranked personal property securities reform as the biggest challenge confronting business

 

The scorecard: Labor's record on climate change
BRW --- Page: 15-16 : 29 July 2010
No author supplied for original article

LexisNexis Summary
It has been necessary for many of the Australian Labor Party's clean energy programs and rebates to be altered. The Labor Government's planned emissions trading scheme is on hold after Senate twice rejected the relevant legislation. Uptake of the Green Car Fund has been low, while two of the three green business funds are closed to new business

 

Time for a status update
BRW --- Page: 62-63 : 29 July 2010
Original article by Judith Tydd

LexisNexis Summary
A comparative lack of high-profile partners sometimes leads to Minter Ellison, Australia's largest law firm, being seen as less prestigious than other top-tier law firms. John Weber, who has been chief executive partner at the law firm for 18 months, notes that well-known firms such as Seven, ANZ Bank, Fairfax and Google are among its clients. The firm has also worked on the insolvencies of Timbercorp, Great Southern, Clive Peeters and Opes Prime

 

An asset by any other name
Money Management --- Page: 22-23 : 22 July 2010
Original article by Gemma Dale

LexisNexis Summary
The Superannuation Industry (Supervision) Amendment Bill 2010 obtained Royal Asset on 6 July 2010. The Bill is intended to clarify uncertainties about the use of limited recourse loans by trustees to buy an allowable asset. It is also intended to moderate the risk of trustees incurring losses to fund assets when taking advantage of instalment warrant-style financial arrangements