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NEWSLETTER CORPORATE & COMMERCIAL LAW
NOVEMBER 2007

MAIN PAGE TRAPS WITH TRUSTS FINANCIAL  DISCLOSURES LEARNING TO FLY
TRADE  PRACTICES  ACT POWERS OF ATTORNEY INSIDER TRADING MEET OUR TEAM

WELCOME
PAUL GLEESON
,
Principal

WELCOME to latest edition of our corporate and commercial newsletter in HTML format.  This newsletter supplements special purpose newsletters which are also produced or contributed to by the corporate commercial team, such as the Technology Law and Wills and Estate Planning newsletters.

This newsletter covers a broad spectrum of articles on topics of interest and relevance to clients in both the public and private sectors.  These topics include a recent decision involving the enforcement of contracts formed over eBay, the fallout of recent failures of Australian investment products exposed to the US sub-prime market, current issues relating to powers of attorney, and some reminders of the potential pitfalls of family trusts.

These articles have been prepared by members of our corporate and commercial team who can be contacted with further queries.  A copy of our corporate and commercial capability statement is available on request if you need any further details about our personnel or our services.


TRAPS WITH TRUSTS
MICHAEL GORTON AM, Principal

The use of trusts in business and family structures is an acceptable and important part of arrangements for asset protection, income protection, estate planning and tax planning.

Trusts have different tax treatment from some other structures, and it is important to ensure that those utilising trust structures are aware of income tax, capital gains tax and other implications.

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Defective Product Disclosure Statements:

Personal Liability for Directors, Lifeline for investors

ADAM COLABUFALO, Solicitor

The recent failure of some Australian Managed Investment Funds as a result of the USA sub-prime mortgage defaults, has highlighted the importance of financial product providers keeping their Product Disclosure Statements up to date and the need to move quickly to disclose new developments.

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LEARNING TO FLY? ENFORCING SALE OF GOODS CONTRACTS MADE ONLINE
CRAIG SUBOCZ
, Solicitor

On 3 August 2007, the Supreme Court of New South Wales granted specific performance of a contract made through the facilities of eBay.  This article summarises the key points from Smythe v Thomas.
 

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Amendments to section 46 OF THE Trade Practices Act:
PROTECTING SMALL BUSINESS OR ELECTIONEERING?

PAUL GLEESON, Principal

The Trade Practices Legislation Amendment Bill (No.1) 2007 was passed by the Senate on 18 September 2007 with the so-called “Birdsville amendments” as proposed by Senator Barnaby Joyce.  These amendments give greater direction as to predatory pricing.  What impact will the changes have on big and small business alike?

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POWERS OF ATTORNEY - CURRENT ISSUES

ADRIAN GREEN,
Senior Associate

Individuals have been able to execute Enduring Powers of Attorney (Financial) in Victoria for many years, but recent amendments to the Instruments Act are often overlooked. 

In this article we provide a reminder of the “new form” Enduring Powers of Attorney (Financial), and highlight some issues relating to powers of attorney and companies.

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COURT DECISIONS – RECENT GUIDANCE ON MISREPRESENTATION AND INSIDER TRADING

ANDREW CASPAR, Special Counsel

Two court decisions handed down this year have important implications for investors and investment professionals who buy and sell shares in publicly listed companies.

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CLICK HERE TO VIEW OUR OTHER NEWS ARTICLES

LEASING FAMILY LAW AGED  CARE TECHNOLOGY LAW WILLS & ESTATES
BANKING & FINANCE SPORTS LAW EMPLOYMENT PROPERTY GOVT & PLANNING


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Copyright 2007 © Russell Kennedy.
The information contained in this publication is intended as general commentary and should not be regarded as legal advice. Should you require specific advice on any of the topics or areas discussed, please contact the author directly.