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Publications
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Bulletins, newsletters, submissions and papers
Arnold Bloch Leibler's practice areas publish newsletters and bulletins on current issues of relevance, and the firm makes regular submissions to government authorities on issues of public importance.
Listed below are newsletters, bulletins, submissions and papers published by the firm and individual practice areas in reverse chronological order since 2002. To access the full document, click on the title.
Click here to view publications from: 2012; 2011; 2010; 2009; 2008; 2007; 2006; 2005; 2004; 2003; and 2002.
| 2013 | | 01 May | Banking & finance bulletin: Personal Property Securities Act – 30 January 2014 is the last day to register transitional security interests before the end of the transitional period This bulletin is a reminder for individuals and businesses to ensure that security interests created prior to 30 January 2012 are registered on the PPS Register prior to the 30 January 2014 – when the two year temporary protection period for transitional security interests ends.
(PDF format 213Kb)
| | 16 Apr | RAPPORT, April 2013 The April 2013 edition of RAPPORT includes articles on: tax treatment of native title benefits; the Reconciliation Action Plan Showcase; an update to Arnold Bloch Leibler’s Indigenous recruitment programme; and racial profiling by VicPol under review. (PDF format 717Kb)
| | 16 Apr | Public interest law bulletin: Australian Charities and Not-for-Profits Commission – are you registered? This bulletin provides an overview of the obligations of existing charities and requirements for new charities under the independent charities regulator, Australian Charities and Not-for-Profits Commission (ACNC), which commenced operation on 3 December 2012. (PDF format 221Kb)
| | 15 Apr | Who's LAFHing now? An update on the winding back of the living away from home allowance This article provides an update to the changes made to the Living Away From Home Allowance (LAFHA) that have actually come into force since the Tax Laws Amendment (2012 Measures No 4) Bill 2012 was introduced to the House of Representatives on 28 June 2012. Further changes were made on 21 August 2012, which received royal assent on 28 September 2012 and took effect from 1 October 2012.
This article was written by Arnold Bloch Leibler's partner, Clint Harding, and lawyer, Jonathan Ortner, and was published in the April edition of Keeping Good Companies. (PDF format 53Kb)
| | 02 Apr | Commercial & corporate bulletin: ASX Guidance Note 8 – continuous disclosure provisions of the Listing Rules This bulletin looks at Guidance Note 8 on the continuous disclosure provisions of the Listing Rules, which was released by ASX on 13 March 2013. (PDF format 217Kb)
| | 28 Mar | Arnold Bloch Leibler submission to the Ministerial Advisory Committee This submission was made on behalf of Arnold Bloch Leibler's property & development practice in response to the Ministerial Advisory discussion paper entitled ‘Melbourne, Let’s Talk About the Future’ – which relates to the new Metropolitan Planning Strategy for Melbourne. (PDF format 82Kb)
| | 28 Mar | Pessimistic outlook on FIRB Chinese decisions could prove unfounded Article by Arnold Bloch Leibler partner, Andrew Silberberg, and lawyer, Amelia Jamieson. (PDF format 242Kb)
| | 21 Mar | Case note: Victorian Court of Appeal casts doubt on negotiated settlement principles ASIC v Ingleby [2013] VSCA 49
This case note looks at the unanimous decision by the Victorian Court of Appeal on 19 March 2013 to overturn Justice Robson's decision in ASIC v Ingleby [2012] VSC 332 to impose a $10,000 penalty and a disqualification from managing corporations for a period of about six months on Paul Ingleby, the former CFO of the AWB. (PDF format 201Kb)
| | 04 Mar | Taxation bulletin: Countering tax avoidance – amendments to Part IVA This bulletin looks at the legislation – Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Bill 2013 – that was introduced by the Federal Government into Parliament on Wednesday 6 February 2013 to amend the general anti-avoidance rules in Part IVA of the Income Tax Assessment Act 1936. (PDF format 205Kb)
| | 28 Feb | Case note: Court sweeps aside unconscionable conduct claims against sales representatives Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCA 47
This case note looks at the recent decision by Justice Jessup in the Federal Court in Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCA 47. Justice Jessup dismissed the ACCC’s claims against Lux Distributors Pty Ltd, which had sold domestic vacuum cleaners to five elderly women via door-to-door sales representatives. Because of its consideration of the sales tactics employed, the decision is important for all businesses that use sales representatives to market directly to consumers. (PDF format 201Kb)
| | 19 Feb | Taxation bulletin: Loss carry-back rules On Wednesday 13 February 2013, the Federal Government introduced legislation into Parliament to allow the limited carry-back of corporate losses. Under the current law, a company that makes a profit in one year and a loss in the next year pays a higher effective tax rate over the two-year period than another company that makes the same overall profit in a more even fashion. The loss carry-back rules seek to reduce some of this asymmetry and replicate similar rules already present in other jurisdictions. (PDF format 213Kb)
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| 2012 | | 14 Dec | RAPPORT, December 2012 The December 2012 edition of RAPPORT includes articles on: the Recognition Bill and the momentum building for constitutional change in Australia; the 20th anniversary of Paul Keating’s historic ‘Redfern Speech’; the recent amendments to the Traditional Owner Settlement Act 2010; the cross-cultural awareness presentations from Dr Ann Genovese, Jidah Clark and Trevor Pearce; the Law Institute of Victoria’s RAP launch; Yalari’s Melbourne fundraising dinner; and much more. (PDF format 705Kb)
| | 12 Dec | Arnold Bloch Leibler Public Interest Law Report 2012 This report provides a snap shot of the firm's public interest law practice for the 2011/12 financial year and profiles one of the firm's public interest law matters, which addressed 30 years of disadvantage in the remote community of Wadeye in the Northern Territory. (PDF format 3.8Mb)
| | 30 Nov | Case note: Federal Court tolls the Tinker-bell on 'association' cases Tinkerbell Enterprises Pty Limited as Trustee for The Leanne Catelan Trust v Takeovers Panel [2012] FCA 1272
This case note looks at the recent decision by Justice Collier, Federal Court of Australia, to dismiss the application by Tinkerbell Enterprises Pty Limited for judicial review of a Takeovers Panel decision regarding 'association' under section 12 of the Corporations Act 2001 (Cth). (PDF format 225Kb)
| | 29 Nov | Case note: "Is the Board happy with that?" No more decision-making by consensus Gillfillan v Australian Securities and Investments Commission [2012] NSWCA 370
This case note looks at the recent decision issued by the New South Wales Court of Appeal in Gillfillan v Australian Securities and Investments Commission [2012] NSWCA 370 – the most recent in the series of decisions involving directors and executives of James Hardie Investments Limited – and outlines how the decision may have a significant impact on the conduct of meetings of boards of Australian companies. (PDF format 217Kb)
| | 23 Nov | Commercial & corporate bulletin: Summary of reforms to Incorporated Associations in Victoria The attached bulletin provides a summary of the reforms to Victorian Incorporated Associations which take affect on Monday 26 November. (PDF format 213)
| | 26 Oct | Taxation bulletin: ATO Determination – trust resettlements and capital gains tax This bulletin looks at the Taxation Determination TD 2012/21 that was released by the Commissioner of Taxation on Wednesday 24 October 2012, which sets out the Commissioner’s views on when changes to the terms of a trust deed will result in the capital gains tax consequences. (PDF format 209Kb)
| | 19 Oct | Property & development newsletter This newsletter provides an overview of the Victorian State Government's proposed major reforms to its planning zones and looks at Amendment VC92 of the Victorian Planning Provisions, which encourages major urban renewal and development opportunities in a number of precincts across Central Melbourne. (PDF format 229Kb)
| | 30 Aug | Insolvency bulletin: Liquidators’ disclaimer powers extended by Willmott judgment The Victorian Court of Appeal has unanimously held that the liquidators of the manager of a group of forestry-based managed investment schemes can extinguish growers’ proprietary leasehold interests in order to achieve an unencumbered sale of company land by disclaiming the lease agreements. (PDF format 205Kb)
| | 24 Aug | Submission on the tax treatment of native title benefits This joint submission from Arnold Bloch Leibler and the Yamatji Malpa Aboriginal Corporation is in response to the exposure draft legislation and explanatory material on the tax treatment of native title benefits. It was submitted to Treasury on Friday 24 August 2012. (PDF format 1.9Mb)
| | 14 Aug | Banking & finance bulletin: Intercreditor issues in mezzanine financings This bulletin examines various key issues for mezzanine lenders when negotiating intercreditor arrangements in the current market. (PDF format 217Kb)
| | 04 Jul | Taxation bulletin: A guide to investing into Australia This bulletin outlines recent developments and Government taxation reforms designed to encourage foreign investment in Australia and emphasizes the importance of getting accurate and timely advice regarding any potential investment into Australia. (PDF format 209Kb)
| | 27 Jun | RAPPORT, June 2012 The June edition of RAPPORT includes articles on: the landmark education settlement for the Wadeye community; the firm’s National Reconciliation Week celebrations; the Barrawarn programme fundraiser; and our Sydney office’s tour of Gadigal Place exhibition, Museum of Sydney. (PDF format 1.4Mb)
| | 21 May | No LAFHing matter — living-away-from-home allowance wound back This article outlines the government's proposed changes to the living-away-from-home allowance (LAFHA) and illustrates the potential impact upon the remuneration policies of employers requiring a mobile workforce and who currently use LAFHA to offer employees more attractive packages. The article is written by Arnold Bloch Leibler's senior associate, Clint Harding, and lawyer, Jonathan Ortner, and published in the May edition of Keeping Good Companies. (PDF format 57Kb)
| | 30 Mar | RAPPORT, March 2012 The March edition of RAPPORT includes articles on: the Expert Panel’s report on the recognition of Indigenous Australians in the Constitution; an insight into our RAP plan for 2012 and 2013; and recent public interest law matters. (PDF format 430Kb)
| | 23 Mar | Property & development bulletin: Personal Property Securities Act: How will it affect landlords? This bulletin looks at how the Personal Property Securities Act affects landlords and what they must do to protect their interests under the new laws. (PDF format 221Kb)
| | 05 Mar | Arnold Bloch Leibler's Reconciliation Action Plan 2012-2013 and 2011 Review

(PDF format 3.4Mb)
| | 01 Mar | Workplace advisory capability statement Arnold Bloch Leibler's capability statement for its workplace advisory practice. (PDF format 668Kb)
| | 14 Feb | Taxation bulletin: Public Ancillary Funds Guidelines 2011 On 29 November 2011, legislation for the new regulatory framework for public ancillary funds passed through Parliament. The governing guidelines were subsequently approved by Parliament on 20 December 2011, taking effect from 1 January 2012. This bulletin looks at the requirements to comply with the new guidelines and highlights other significant changes. (PDF format 213Kb)
| | 25 Jan | Commercial bulletin: The Personal Property Securities Register to commence 30 January 2012 The commencement of the Personal Property Securities Act 2009 (Cth) on 30 January 2012 will initiate a new national regime governing security interests in personal property (meaning most forms of tangible and intangible property other than land and buildings). A central feature of the new legislation will be the creation of the PPS Register, a single national database for the registration of all personal property security interests in Australia. This bulletin looks at who will be affected by the new laws and the risks of not taking appropriate action. (PDF format 209Kb)
| | 24 Jan | Taxation bulletin: Taxing times – looking ahead to 2012 This bulletin discusses five areas of tax reform or consultation that will need to be dealt with in 2012. (PDF format 229Kb)
| | 01 Jan | Property & development capability statement Arnold Bloch Leibler's capability statement for its property & development practice. (PDF format 971Kb)
| | 01 Jan | Commercial & corporate capability statement Arnold Bloch Leibler's commercial & corporate capability statement. (PDF format 1.0Mb)
| | 01 Jan | Competition capability statement Arnold Bloch Leibler's competition capability statement. (PDF format 557Kb)
| | 01 Jan | Reconstruction & insolvency capability statement Arnold Bloch Leibler's capability statement for its reconstruction & insolvency practice. (PDF format 659Kb)
| | 01 Jan | Arnold Bloch Leibler corporate capability statement Arnold Bloch Leibler's corporate capability statement. (PDF format 1..0Mb)
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| 2011 | | 20 Dec | Property & development newsletter This newsletter provides an update to the Planning and Environment Major Cases List programme, which will recommence on 3 January 2012, and looks at the recent changes to the Duties Act 2000. (PDF format 229Kb)
| | 19 Dec | Arnold Bloch Leibler Public Interest Law Report 2011 This report provides a snap shot of the firm's public interest law practice for the 2010/11 financial year. (PDF format 754Kb)
| | 02 Dec | Case note: Centro restructure given the green light On 1 December 2011, the Supreme Court of NSW approved various schemes of arrangement as part of the restructure of the Centro group, despite objections from PwC. This is one of the largest and most ambitious work-outs ever undertaken in Australia.
(PDF format 209Kb)
| | 28 Nov | RAPPORT, November 2011 The November edition of RAPPORT includes articles on: the recent native title settlement in south-west Victoria; an update on the 2011 review of the Victorian Charter of Human Rights and Responsibilities Act; Garma Festival 2011; Jarrod Hughes, Legal Cadet 2011; and Yalari Melbourne Fundraising Dinner. (PDF format 1.2Mb)
| | 11 Nov | Case note: JPMorgan Chase Bank NA v ANZ On 11 November 2011, Justice Barrett of the NSW Supreme Court delivered judgment in the dispute between JPMorgan and Centro Senior Lenders. This case note provides an overview of the case and decision. (PDF format 180Kb)
| | 26 Oct | Property & development bulletin: GAIC update The Planning and Environment (Growth Areas Infrastructure Contribution) (GAIC) Act came into effect on 1 July 2010. Less than one year later, on 30 June 2011, a number of amendments to the GAIC Act were passed by Parliament. The main purpose of these changes was to better align the GAIC payment schedule to the actual development cycle. This bulletin outlines what these changes to the GAIC Act have meant for developers in practical terms. (PDF format 209Kb)
| | 03 Oct | The International Comparative Legal Guide to: Competition Litigation 2012 – Chapter 3, Australia This publication provides answers to many questions on competition litigation in Australia and profiles Arnold Bloch Leibler partners, Zaven Mardirossian and Matthew Lees. This article appeared in the 2012 edition of The International Comparative Legal Guide to: Competition Litigation, published by Global Legal Group Ltd, London, www.iclg.co.uk. (PDF format 377)
| | 06 Sep | PPSA commencement date deferred As mentioned in the commercial & corporate bulletin titled Has your business reviewed its terms of trade recently?, the PPSA was due to commence operation on 31 October 2011, however on 2 September an announcement was made by the Attorney General’s department to defer the commencement date. While, at this stage, no new commencement date has been set, the PPSA currently provides that the last possible commencement date is 1 February 2012.
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| | 25 Aug | Commercial & corporate bulletin: Has your business reviewed its terms of trade recently? With new laws against unfair terms in standard form consumer contracts already in effect, and a new personal property securities regime coming into play at the end of October, the terms of trade used by your business may no longer be lawful or effective. This bulletin provides an insight to the significant legislative changes and how they may impact your trade arrangements. (PDF format 213Kb)
| | 06 Aug | Recent lessons from the Gumatj / Rirratjingu / RTA negotiations Presentation by Peter Seidel, head of Arnold Bloch Leibler's public interest law practice, at the Garma Festival, Saturday 6 August 2011. (PDF format 33Kb)
| | 25 Jul | Taxation bulletin: New regime for public ancillary funds to take effect 1 January 2012 On 14 July 2011, Treasury released for public comment an exposure draft of legislation for the new regulatory framework for public ancillary funds, and a draft of the legislative guidelines that set standards for the creation, governance and conduct of public ancillary funds. This bulletin highlights the key features of the draft legislative guidelines and draft legislation, which will apply from 1 January 2012. (PDF format 205Kb)
| | 21 Jul | Case note: The Centro decision ASIC v Healey [2011] FCA 717
On 27 June 2011, Justice Middleton of the Federal Court of Australia found that certain directors and officers of companies within the Centro Properties Group (CNP) and the Centro Retail Group (CER) had breached their duties under the Corporations Act 2001 (Cth) when they approved the 2007 Annual Financial Reports of CNP and CER. This case note reviews the case and decision by Justice Middleton and highlights the implications for all companies and their directors. (PDF format 213Kb)
| | 14 Jul | Competition bulletin: New warranty requirements for goods and services From 1 January 2012, all warranties against defects must comply with the Competition and Consumer Regulations 2010. Manufacturers, distributors, retailers and other suppliers must take steps to review and amend their warranties against defects to ensure they comply. (PDF format 205Kb)
| | 08 Jul | The Public Competition Enforcement Review – Chapter 2, Australia This chapter, discussing the new cartel laws in Australia, was written by Arnold Bloch Leibler partner, Zaven Mardirossian, and appeared in Edition 3 of The Public Competition Enforcement Review, published by Law Business Research Ltd, London. (PDF format 270Kb)
| | 01 Jul | Litigation & dispute resolution capability statement Arnold Bloch Leibler's capability statement for its litigation & dispute resolution practice. (PDF format 987Kb)
| | 01 Jul | Taxation capability statement Arnold Bloch Leibler's capability statement for its taxation practice. (PDF format 623Kb)
| | 01 Jul | Technology & intellectual property capability statement Arnold Bloch Leibler's capability statement for its technology & intellectual property practice. (PDF format 561Kb)
| | 01 Jul | Public companies capability statement Arnold Bloch Leibler's capability statement for its public company practice. (PDF format 705Kb)
| | 01 Jul | ABL private capability statement Arnold Bloch Leibler's capability statement for its abl private practice. (PDF format 430Kb)
| | 01 Jul | Banking & finance capability statement Arnold Bloch Leibler's capability statement for its banking & finance practice. (PDF format 762Kb)
| | 01 Jul | Native title & public interest law capability statement Arnold Bloch Leibler's capability statement for its native title & public interest law practice. (PDF format 1.1Mb)
| | 30 Jun | RAPPORT, June 2011 This edition of RAPPORT includes articles on: 2011 review of the Victorian Charter of Human Rights and Responsibilities Act 2006; the launch of the Yorta Yorta Nation Aboriginal Corporation land management report; and Charcoal Lane caters for Taste of Harmony luncheon. (PDF format 680Kb)
| | 10 Jun | Arnold Bloch Leibler's Submission to the Scrutiny of Acts and Regulations Committee This submission is in response to the review of the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) by the Scrutiny of Acts and Regulations Committee of Parliament and was prepared by Romy Grace, Emma Rattray and Peter Seidel on behalf of Arnold Bloch Leibler’s Reconciliation Action Plan working group and Public Interest Law practice. (PDF format 127Kb)
| | 08 Jun | Equal Opportunity Act 2010 (VIC) - Volunteers The Equal Opportunity Act 2010 (Vic) (Act) will take effect from 1 August 2011, replacing the existing Equal Opportunity Act 1995 (Vic). The Act is directed at strengthening Victoria’s anti-discrimination and harassment laws, and relevantly, also has the effect of extending the scope of protection afforded to volunteers. (PDF format 205Kb)
| | 16 May | Taxation bulletin: Improving the taxation of trusts – Introduction of legislation and consequences for the 2011 income year This bulletin looks at the changes proposed to the Income Tax Assessment Act 1997 and the Income Tax Assessment Act 1936 concerning the taxation of trusts. The draft legislation will be introduced into Parliament by the end of May and the changes will apply for the 2011 and later income years.
(PDF format 205Kb)
| | 24 Mar | RAPPORT, March 2011 This edition of RAPPORT includes articles on: Mark Leibler’s appointment as co-chair of the Expert Panel on Constitutional Recognition of Indigenous Australians; understanding the constitutional reform paths to reconciliation; Arnold Bloch Leibler’s Indigenous cadetship programme; and Jarrah Jones, the firm’s first Indigenous cadet, and her seasonal clerkship. (PDF format 1.9Mb)
| | 17 Mar | Improving the taxation of trusts: Government releases discussion paper addressing two key areas of uncertainty for trusts in Australia This bulletin reviews the two changes to the taxation of trusts proposed by the Government, which will apply for the 2010-11 and later income years. (PDF format 197Kb)
| | 07 Mar | Arnold Bloch Leibler's Reconciliation Action Plan 2010 Review and 2011 Plan

(PDF format 1.2Mb)
| | 02 Mar | Copyright: key lessons from 2010 cases Businesses may be surprised to learn that even if a contractor is paid to create a work, such as a logo-type, or a piece of software, the business may not necessarily be the owner of the intellectual property rights in this work unless the contractor actually assigns, in writing, those rights to the business. This bulletin reflects on the key lessons from salient copyright cases decided by Australian courts in 2010. (PDF format 205Kb)
| | 02 Mar | Case note: ASIC wins in Fortescue Metals appeal: Clarity on interpreting continuous disclosure requirements under the Corporations Act On 18 February 2011, the Full Court of the Federal Court of Australia upheld ASIC's appeal against Fortescue Metal Group. This case note, written by Arnold Bloch Leibler's Jeremy Leibler, senior associate, and Tegan Rudolph, lawyer, reviews the case and decision by the Full Court, and highlights the implications of this decision for all companies and their directors. (PDF format 205Kb)
| | 01 Jan | Arnold Bloch Leibler Sydney capability statement Arnold Bloch Leibler's capability statement for its Sydney practice. (PDF format 545Kb)
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| 2010 | | 22 Dec | Aid/Watch case: Important decision on tax exemptions and concessions relating to charitable institutions This bulletin examines the implications of the High Court decision handed down on 1 December 2010 in the Aid/Watch Incorporated v Commissioner of Taxation case, which held that Aid/Watch was a ‘charitable institution’ for the purposes of Commonwealth tax exemptions and concessions. (PDF format 213Kb)
| | 20 Dec | The International Comparative Legal Guide to: Cartels & Leniency 2011 – Chapter 5, Australia This publication provides answers to many questions on cartels and leniency in Australia and profiles Arnold Bloch Leibler partner, Zaven Mardirossian. This article appeared in the The International Comparative Legal Guide to: Cartels & Leniency, published by Global Legal Group Ltd, London, www.iclg.co.uk. (PDF format 332Kb)
| | 20 Dec | Submission – Improving the Integrity of Public Ancillary Funds Improving the Integrity of Public Ancillary Funds is Arnold Bloch Leibler's submission in response to the Discussion Paper released by Treasury in November 2010. (PDF format 94Kb)
| | 29 Nov | RAPPORT, November 2010 This edition of RAPPORT includes an overview of the Yorta Yorta Traditional Land Owner Agreement, a legal update about the Traditional Owner Settlement Act and reports on various cultural training activities undertaken by the firm. (PDF format 877Kb)
| | 18 Nov | Land Tax Update: New Urban Growth Zone Land – Impact on Eligibility for the Primary Production Exemption This bulletin looks at the expansion of the Urban Growth Boundary and outlines the additional requirements to maintain eligibility for the Primary Production Exemption. (PDF format 209Kb)
| | 27 Oct | The new Australian Consumer Law The new Australian Consumer Law (ACL) creates a single national regime to replace disparate national, state and territory consumer protection legislation, and aims to increase consistency and clarity for Australian consumers and businesses. This bulletin provides a summary of the key changes implemented by the ACL, with the first phase already in play and the second phase commencing on 1 January 2011. (PDF format 213Kb)
| | 15 Oct | The International Comparative Legal Guide to: Competition Litigation 2011 – Chapter 4, Australia This publication provides answers to many questions on competition litigation in Australia and profiles Arnold Bloch Leibler senior associate, Matthew Lees. This article appeared in the The International Comparative Legal Guide to: Competition Litigation published by Global Legal Group Ltd, London, www.iclg.co.uk. (PDF format 197Kb)
| | 24 Sep | Arnold Bloch Leibler Public Interest Law Report 2010 A snap shot of the firm's public interest law practice for the 2009/10 financial year. (PDF format 494Kb)
| | 19 Aug | Arnold Bloch Leibler's Reconciliation Action Plan 2010 and 2009 Review

(PDF format 1.5Mb)
| | 19 Aug | Property & development newsletter This newsletter includes articles on the Growth Areas Infrastructure Contribution (GAIC) legislation which commenced operation on 1 July 2010, the new disclosure statement for landlords of retail premises in Victoria which apply from 1 January 2011 and the Major Cases List of VCAT which has been in operation since 3 May 2010. (PDF format 269Kb)
| | 09 Aug | Exploring the concept of 'Public Interest Law' This paper briefly outlines the development of various branches of ‘public interest law’ and describes Arnold Bloch Leibler’s public interest taxation and corporate governance work. The paper also considers in detail the extent to which Arnold Bloch Leibler’s involvement meets various definitions of the field, in terms of access to justice, systemic change, the ‘public interest’ itself, and the new corporate philanthropy. The paper was written by Megan Prictor, La Trobe University Law Student, who undertook a student placement with Arnold Bloch Leibler for one day a week from March to June 2010 under the guidance of Peter Seidel, Public Interest Law Partner. (PDF format 49Kb)
| | 30 Jul | Summary of amendments made to the Corporations Act 2001 This bulletin provides a summary of key changes under the Corporations Amendment (Corporate Reporting Reform) Act 2010 that amends the Corporations Act 2001, which came into effect on 28 June 2010. (PDF format 252Kb)
| | 22 Jul | The Public Competition Enforcement Review – Chapter 2, Australia This chapter, discussing the new cartel laws in Australia, was written by Arnold Bloch Leibler partner, Zaven Mardirossian, and appeared in The Public Competition Enforcement Review, published by Law Business Research Ltd, London. (PDF format 295Kb)
| | 20 Jul | Phoenix Activity and the Tax Laws Amendment Bill 2010 This article was written by Arnold Bloch Leibler's Andrew Silberberg, Partner, and Richard Hewitt, Lawyer, and was featured in Butterworths Corporation Law Bulletin, Issue 13, July 2010. (PDF format 526Kb)
| | 24 Jun | Trusts after Bamford: 2010 income year and beyond This bulletin looks at the implications of the High Court decision of Federal Commissioner of Taxation v Bamford and the Commissioner of Taxation's Decision Impact Statement, and how this affects trusts in the 2010 income year and beyond. (PDF format 245Kb)
| | 23 Jun | RAPPORT, June 2010 This is the third edition of RAPPORT, Arnold Bloch Leibler's Reconciliation Action Plan newsletter, which includes articles by Jidah Clark, an Indigenous law student who recently completed a seasonal clerkship at Arnold Bloch Leibler, and a legal update regarding the reinstatement of anti-discrimination legislation for the Northern Territory Emergency Response. (PDF format 1.8Mb)
| | 23 Jun | Division 7A This bulletin looks at the recent developments in the area of private company loans and payments to shareholders, or their associates. (PDF format 241Kb)
| | 17 Jun | The International Comparative Legal Guide to: Corporate Governance 2010 – Chapter 2, Australia This article provides answers to many questions on corporate governance in Australia and profiles Arnold Bloch Leibler partner, Jonathan Wenig. The article appeared in The International Comparative Legal Guide to: Corporate Governance 2010 published by Global Legal Group Ltd, London, www.iclg.co.uk. (PDF format 226Kb)
| | 10 Jun | Gloucester Coal: Shareholder rights, competing bids and the role of directors in reverse takeovers This article examines the decision of the Takeovers Panel and the Review Panel in the Gloucester Coal takeover with a particular focus on the nature of shareholder rights, the status of competing bids and the proper role of directors in reverse takeovers. The article was written by Richard Janko, Law Graduate, Arnold Bloch Leibler, and was originally published in the Company and Securities Law Journal Volume 28, Number 4, June 2010, pp. 273 - 282. (PDF format 81Kb)
| | 31 May | The Real Property and Conveyancing Legislation Amendment Act 2009 (NSW) This article looks at the reforms introduced by the Real Property and Conveyancing Legislation Amendment Act 2009(NSW) to the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW) and was written by Arnold Bloch Leibler's Andrew Silberberg, Partner, and Richard Hewitt, Lawyer, and was featured in Butterworths Corporation Law Bulletin, Issue 10, May 2010. (PDF format 183Kb)
| | 18 May | Submission to the Governance and Insolvency Unit of the Corporations and Financial Services Division, the Treasury This submission is in response to the release on 23 April 2010, under the authority of the Hon Chris Bowen MP, Minister for Financial Services, Superannuation and Corporate Law, of the Exposure Draft - Corporations Amendment (No. 2) Bill 2010 and Explanatory Memorandum and the invitation for comments on the exposure draft material to be submitted to the Treasury by 18 May 2010. (PDF format 63Kb)
| | 14 May | Australian Consumer Law — second bill This article discusses the second bill of the new Competition and Consumer Act 2010. The article is by Arnold Bloch Leibler partner, Zaven Mardirossian, and lawyer, David Robbins, and appeared in the May edition of Keeping Good Companies. (PDF format 2.5Mb)
| | 06 May | Re CSR Ltd This article was written by Arnold Bloch Leibler's Andrew Silberberg, Partner, and Richard Hewitt, Lawyer, and was featured in Butterworths Corporation Law Bulletin, Issue 8, April 2010. (PDF format 200Kb)
| | 23 Apr | Secondaries transactions - will this be the future trend for private equity transaction? Arnold Bloch Leibler's partner, Michael Dodge, presented at ALB Masterclass on Private Equity Law, discussing the future of secondaries transactions in Australia. (PDF format 68Kb)
| | 16 Apr | Australian Consumer Law Bill This bulletin looks at the key changes to the Australian Consumer Law's second bill which was introduced into Parliament on 17 March 2010. (PDF format 244Kb)
| | 09 Apr | Retail matters Arnold Bloch Leibler's retail capability statement. (PDF format 269Kb)
| | 06 Apr | Clerkships 2010 'Clerkships 2010' provides an overview of Arnold Bloch Leibler's clerkship programmes for university students interested in a career as a lawyer at the firm. The publication will be distributed at the Victorian Council of Law Students' Societies' Careers Fair to be held on Thursday 15 April at the Melbourne Park Function Centre.

(PDF format 558Kb)
| | 24 Mar | Arnold Bloch Leibler paper Insolvency, a year in review Arnold Bloch Leibler's partner, Jane Sheridan, presented at INSOL New Zealand's 9th Annual Corporate Insolvency Conference, reviewing the latest insolvency cases in Australia. (PDF format 57Kb)
| | 19 Mar | Private Ancilliary Fund changes: what to do now, what to do later This bulletin provides an overview of what PAFs and their trustees must do now in relation to complying with the PAF Guidelines, which came into effect on 1 October 2009. (PDF format 237Kb)
| | 15 Mar | Proposed increase corporate regulation targeting market misconduct This article was written by Arnold Bloch Leibler's Andrew Silberberg, Partner, and Richard Hewitt, Lawyer, and was featured in Butterworths Corporation Law Bulletin, Issue 4, March 2010. (PDF format 174Kb)
| | 26 Feb | Property & development newsletter This newsletter looks at the scheme proposed by the Commonwealth Government for the mandatory disclosure of energy efficient information for commercial office buildings and provides important information for taxpayers regarding their obligation to notify the SRO of any errors or missions in their land tax assessment notice. (PDF format 244Kb)
| | 15 Feb | Protecting the 'employee consumer'–consumer protection in an employment context This article provides an overview of two areas where employer obligations have changed: the recent expansion of misleading and deceptive conduct obligations under the Trade Practices Act 1974; and the new prohibitions on misrepresentation under the Fair Work Act 2009. The article is by Arnold Bloch Leibler partner, Henry Skene, and lawyer, Lowri Burman, and appeared in the February edition of Keeping Good Companies. (PDF format 2.7Mb)
| | 10 Feb | RAPPORT, February 2010 This is the second edition of RAPPORT, Arnold Bloch Leibler's Reconciliation Action Plan newsletter, which has been published to coincide with the second anniversary of the Prime Minister's apology to the Stolen Generation at the opening of the Australian Parliament on 13 February 2008.
This newsletter focuses on the firm's recent involvement in a trial (externship programme) with the Aurora Project, as well as cultural awareness activities and initiatives undertaken by the firm. It also includes key results of the firm's latest public interest law report with a focus on the firm's long and strong relationships with various Indigenous communities throughout Australia.
(PDF format 339Kb)
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| 2009 | | 05 Nov | Growth Areas Infrastructure Contribution Bill This property bulletin outlines the significant changes to the proposed Growth Areas Infrastructure Contribution Bill which were announced by the Victorian State Government in October 2009. The final version of the Bill is expected to be introduced into Parliament shortly. (PDF format 248Kb)
| | 05 Oct | Changes effective 1 October 2009 to Private Ancilliary Funds (formerly known as Prescribed Private Funds) This bulletin reviews the changes to Private Ancilliary Funds (formerly Prescibed Private Funds), which came into effect on 1 October 2009. (PDF format 243Kb)
| | 23 Jul | Taxation bulletin: Duties Amendment Act 2009 This bulletin provides key information on the Duties Amendment Act 2009 which was passed by the Victorian Parliament and received Royal Assent on 7 July 2009. (PDF format 244Kb)
| | 12 Jul | RAPPORT, July 2009 Welcome to the first edition of RAPPORT, Arnold Bloch Leibler’s Reconciliation Action Plan (RAP) newsletter. This newsletter is designed to communicate the firm’s progress in implementing its RAP, the impact of and mutual benefits associated with it and the links between the firm’s RAP
and public interest law practice. (PDF format 1.5Mb)
| | 09 Jul | The International Comparative Legal Guide to: Corporate Governance 2009 – Chapter 2, Australia This publication provides answers to many questions on corporate governance in Australia and profiles Arnold Bloch Leibler partner, Jonathan Wenig. This article appeared in the 2nd edition of The International Comparative Legal Guide to: Corporate Governance published by Global Legal Group Ltd, London, www.iclg.co.uk. (PDF format 106Kb)
| | 02 Jul | Taxation bulletin: Prescribed Private Funds - A change of name, new guidelines and legislation amendments This bulletin reviews the new guidelines and legislation amendments for all Prescribed Private Funds, which will take effect from 1 October 2009. (PDF format 243Kb)
| | 18 Jun | Property & development bulletin: Real Property and Conveyancing Amendment Act 2009 (NSW) This bulletin, prepared by Simonne Einfeld, reviews the effects of the Real Property and Conveyancing Legislation Amendment Act 2009 (NSW), which came into effect on 13 May 2009.
(PDF format 243Kb)
| | 18 May | Case note: A director’s duty to exercise care, skill and diligence ASIC v Macdonald (No 11) [2009] NSWSC 287
This case note reviews the recent decision of ASIC v Macdonald by the Supreme Court of NSW (Hardie), highlighting the key messages for directors and the importance of good corporate governance. (PDF format 248Kb)
| | 11 May | Reconstruction & insolvency bulletin: Administrators – a change of ultimate control not a ‘stop-gap’ measure This bulletin explores the implications of the recent decision of the Court of Appeal of the Victorian Supreme Court in Burbank Trading v Allmere, which raises significant issues for administrators and receivers and consequently for other stakeholders (such as the lenders and shareholders of a company) where third party rights are triggered by the appointment. (PDF format 239Kb)
| | 21 Apr | Reconstruction & insolvency – A long history This publication provides an overview of Arnold Bloch Leibler's long history of landmark insolvency and restructuring matters, which covers a broad range of industries and cross-border insolvencies. (PDF format 253Kb)
| | 09 Apr | Reconstruction & insolvency bulletin: Litigation funding – be up-front, or risk being “inquired”? The practical consequence of the Hall v Poolman appeal The recent decision of the NSW Court of Appeal in Hall v Poolman has clarified the circumstances in which a liquidator may be justified in accessing litigation funding to prosecute recovery proceedings.
In reaching its decision, the NSW Court of Appeal considered the scope of the power granted to courts to supervise the conduct of liquidators and the role of the liquidator in serving the public interest. (PDF format 238Kb)
| | 30 Mar | Consultation Paper 105 – Facilitating equity capital raising Arnold Bloch Leibler's submission in response to ASIC's Consultation Paper 105 - Facilitating equity capital raising. (PDF format 60kB)
| | 18 Mar | Property & development newsletter This newsletter provides an update of recent significant planning and environment developments regarding the proposed amendments to residential zoning and the proposed infrastructure contribution scheme in Melbourne’s growth areas. (PDF format 255Kb)
| | 04 Mar | Submission for Senate inquiry into the Foreign Evidence Amendment Bill 2008 Arnold Bloch Leibler's submission to the Senate Standing Committee on Legal and Constitutional Affairs for the Inquiry into the Foreign Evidence Amendment Bill 2008. (PDF format 116Kb)
| | 26 Feb | Fashion matters Arnold Bloch Leibler's fashion capability statement. (PDF format 438Kb)
| | 26 Feb | Property & development newsletter This newsletter looks at the new essential safety measures for owners of buildings and places used for public entertainment and the Federal Government changes to the foreign investment policy for residential real estate. (PDF format 247Kb)
| | 04 Feb | Are recent legislative amendments following McNeil's case right for the job? Article by Paul Sokolowski, partner, and Shaun Cartoon, lawyer, Arnold Bloch Leibler.
This article appeared in the Keeping good companies journal of Chartered Secretaries Australia in February 2009. (PDF format 117Kb)
| | 23 Jan | Taxation bulletin: Prescribed Private Funds – A response to proposed changes to PPFs In the May 2008 Federal Budget, the Treasurer announced that the government will legislate guidelines to improve the integrity of Prescribed Private Funds (PPFs) and provide the trustees of PPFs with greater certainty as to their philanthropic obligations, with effect from 1 July 2009.
In late November 2008, Treasury released a Discussion Paper entitled Improving the integrity of Prescribed Private Funds and invited the public to comment on the proposed measures.
This bulletin provides a summary of the Discussion Paper and Arnold Bloch Leibler’s 21-page submission, which was lodged with Treasury on 13 January 2009. (PDF format 244Kb)
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| 2008 | | 17 Dec | Administrative penalties This paper was written by Paul Sokolowski, Partner, and Matthew Gayed, Articled Clerk, for an audio interview on the Television Education Network on 17 December 2008. (PDF format 479Kb)
| | 17 Dec | Taxation bulletin: Federal Court changes GST rules for incapacitated entities – boon or bomb? In a decision handed down on Friday 12 December, the Federal Court has, effectively, overturned the accepted understanding of how the GST rules apply to taxable supplies made by 'representatives of incapacitated entities', including a trustee in bankruptcy, liquidators, receivers and administrators. If the decision in Deputy Commissioner of Taxation v PM Developments Pty Ltd stands, it will effectively advantage secured creditors over the Australian Taxation Office (ATO) in relation to post insolvency GST liabilities. (PDF format 237Kb)
| | 30 Oct | Taxation bulletin: Stamp Duty – Off-the-plan concessions The Victorian State Revenue Office (‘SRO’) has issued a new revenue ruling, DA.048, and a statutory declaration to clarify the operation of the recently amended off-the-plan concession. This bulletin looks at the new method of calculating the concession and how it will impact all property developers looking to sell properties off-the-plan. (PDF format 251Kb)
| | 11 Sep | New ABL clerkship recruitment campaign Arnold Bloch Leibler released its new clerkship recruitment publication at the Victorian Council Law Students' Societies careers fair, which was held on Monday 8 September at the Melbourne Exhibition & Convention Centre.

The publication provides an overview of Arnold Bloch Leibler's clerkship programmes for university students interested in a career as a lawyer at the firm. (PDF format 485Kb)
| | 03 Jun | The International Comparative Legal Guide to: Corporate Governance 2008 – Chapter 2, Australia This publication provides answers to many questions on corporate governance in Australia and profiles Arnold Bloch Leibler partner, Jonathan Wenig. This article appeared in the 1st edition of The International Comparative Legal Guide to: Corporate Governance published by Global Legal Group Ltd, London, www.iclg.co.uk. (PDF format 116Kb)
| | 25 Mar | Arnold Bloch Leibler's Reconciliation Action Plan 2008

(PDF format 3.95Mb)
| | 06 Mar | Workplace advisory bulletin: The changing landscape of industrial relations law in Australia – Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 February 2008 heralded a significant step in the new Labor government’s workplace relations reform program as their Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 (Cth) (Bill) was fast tracked through Parliament. The Bill phases out elements of the WorkChoices system in preparation for the full implementation of the ALP’s Forward with Fairness policy. A Senate enquiry will report back to Parliament by 17 March 2008, allowing the legislation to be passed by 20 March when Parliament rises for the Easter break. (PDF format 245Kb)
| | 23 Jan | The International Comparative Legal Guide to: Corporate Tax 2008 – Chapter 3, Australia This publication provides the answers to many questions on corporate tax in Australia and profiles senior partner, Mark Leibler AC, and senior associate, Jillian Saint. This article appeared in the 4th edition of The International Comparative Legal Guide to: Corporate Tax published by Global Legal Group Ltd, London, www.iclg.co.uk. (PDF format 1 Mb)
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| 2007 | | 20 Dec | Taxation bulletin: Prescribed Private Funds (PPFs) This bulletin provides an update on Tax Office views regarding distributable income, as well as some alternative structures to the standard PPF to increase your options for charitable and non-charitable giving. (PDF format 236Kb)
| | 26 Oct | Trade practices bulletin: Discounters beware – The new ban on ‘predatory pricing’ The Trade Practices Act 1974 (Cth) has recently been amended to introduce a new ban on ‘predatory pricing’. The ban came into effect suddenly in late September 2007 and relates to supplying goods or services below cost. Breach of the new ban may result in significant penalties and other sanctions. Businesses should be alert as to whether they, or any of their competitors, may be in breach. (PDF format 238Kb)
| | 01 Oct | Further submission to the Victorian Environment Assessment Council A further submission by Arnold Bloch Leibler in response to the Victorian Environmental Assessment Council's (VEAC) paper titled, 'River Red Gum Forest legislation draft proposals paper for public comment July 2007'. (PDF format 206Kb)
| | 24 Aug | Balancing act not new Letter to the editor written by Jonathan Wenig and Christine Williamson, published in Legal Affairs section, The Australian on Friday 24 August, 2007.
(PDF format 314Kb)
| | 11 Aug | Section 45B: Dealing with Frankenstein's creature This paper was written by Paul Sokolowski, Partner, and Ben Hayward, Articled Clerk, for the Taxation Institute of Australia Western Australia State Convention held 9-11 August 2007. (PDF format 843Kb)
| | 08 Aug | Summary of Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007 Summary prepared by Arnold Bloch Leibler, Lawyers and Advisers, and Castan Centre for Human Rights Law.
(PDF format 140Kb)
| | 08 Aug | Northern Territory Emergency Response legislation - summary The federal government’s Northern Territory Emergency Response legislation has recently received much media attention. Arnold Bloch Leibler’s public interest law practice, which regularly acts on behalf of Indigenous groups and peoples, in conjunction with the Castan Centre for Human Rights, has prepared summaries of the relevant bills to assist in gaining a better understanding of the measures. (PDF format)
| | 08 Aug | Summary of Northern Territory National Emergency Response Bill 2007 Summary prepared by Arnold Bloch Leibler, Lawyers and Advisers, and Castan Centre for Human Rights Law. (PDF format 180Kb)
| | 08 Aug | Summary of Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007 Summary prepared by Arnold Bloch Leibler, Lawyers and Advisers, and Castan Centre for Human Rights Law.
(PDF format 140Kb)
| | 23 May | Corporate Social Responsibility: An appeal to enlightened self-interest Opinion piece written by Peter Seidel, Partner, Public Interest Law, and published in BusinessDay in The Age on Thursday 24 May 2007. (PDF format 386Kb)
| | 21 May | Arnold Bloch Leibler Public Interest Law Report 2007 A snap shot of the firm's public interest law practice for the 2005/2006 financial year and work over recent years. (PDF format 978Kb)
| | 05 Feb | Implications of the High Court decision in Sons of Gwalia Opinion piece written by Leon Zwier, Partner, and Justin Vaatstra, Lawyer, at Arnold Bloch Leibler, and published in The Age on Monday 5 February 2007. (PDF format 328Kb)
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| 2004 | | 31 Dec | Impact of Basel II on Australia Article by Paul Rubenstein and Lior Harel.
This article appeared in the International Legal Office banking newsletter in December 2004. (PDF format 208Kb)
| | 31 Dec | Celebrating 50 years and the 2002-04 review publication This publication marks our 50th anniversary, a major milestone in the firm's history, and reviews the transactions and significant matters in which Arnold Bloch Leibler has been involved, covering the period 2002-04. (PDF format 1.7Mb)
| | 31 Dec | Inherent rights of Indigenous people: The need for recognition in a Charter of Rights Article by Peter Seidel and Anita Coles
Published in the Law Institute Journal, December 2004. (PDF format 58Kb)
| | 22 Dec | Taxation bulletin: Proposed changes to land tax on trusts by the Victorian Government This bulletin briefly looks at the submission presented to the Commissioner of State Revenue by the Law Institute of Victoria, the Tax Institute of Australia and the Property Council of Australia, and the possible impact of the recommendations made in the submission for unit trusts and family discretionary trusts that own land. (PDF format 114Kb)
| | 16 Dec | TPA Insights The first edition of TPA Insights, features the recent developments relating to mergers and acquisitions, with the ACCC's recent guidelines and proposed legislation before the Commonwealth Parliament. TPA Insights will be a regular publication, covering recent developments in trade practices law of interest to businesses large and small. (PDF format 104Kb)
| | 13 Dec | Taxation bulletin: New GST rules for long-term non-reviewable contracts (PDF format 123Kb)
| | 02 Dec | Australia Article by Paul Rubenstein and Leigh De Jong.
This article appeared in Issue 1 of the Global Financial Services Regulators – Asia Pacific, 2004. (PDF format 317Kb)
| | 30 Nov | Understanding the exposures and liabilities of directors in a turnaround situation Paper by Fiona Shand.
This paper explores the composition of the Board, its duties, roles and responsibilities touching on some examples where directors have been held responsible for breaches; and the recent changes under CLERP 9 with respect to continuous disclosure requirements will be discussed with a view to providing a snapshot of the realities presently facing directors in Australia. (OTHER format 255Kb)
| | 25 Nov | Commercial & property bulletin: SRO signals increased scrutiny of land and share transfers – implications for property and commercial transactions (PDF format 106Kb)
| | 15 Sep | Employment & industrial relations bulletin: Common Rule Awards in Victoria – The first declarations are made (PDF format 29Kb)
| | 31 Aug | Anti-Money Laundering Reform in Australia Article by Paul Rubenstein and Lior Harel.
This article appeared in the International Legal Office banking newsletter in August 2004. (PDF format 141Kb)
| | 31 Jul | Summary of the Yorta Yorta Nation Aboriginal Corporation/State of Victoria Cooperative Management Agreement Paper by Peter Seidel and Julian Hetyey.
Published in the Indigineous Law Bulletin, July 2004. (PDF format 169Kb)
| | 30 Jul | Employment & industrial relations newsletter (PDF format 110Kb)
| | 26 May | A legal guide for marketers The golden rules to avoiding the seven deadly sins of marketing. (PDF format 96Kb)
| | 30 Apr | Native Title: The struggle for justice for the Yorta Yorta Nation Article by Peter Seidel.
Published in the Alternate Law Journal, April 2004. (PDF format 60Kb)
| | 27 Apr | Employment & industrial relations newsletter (PDF format 212Kb)
| | 08 Apr | Employment & industrial relations bulletin: Redundancy test case (PDF format 116Kb)
| | 24 Feb | Employment & industrial relations newsletter (PDF format 36Kb)
| | 18 Feb | Arnold Bloch Leibler Public Interest Law Report 2004 A snap shot of the firm's public interest law practice for the 2002/2003 financial year and work over recent years. (PDF format 293Kb)
| | 13 Feb | Disability Discrimination Amendment Bill 2003 Submission Submission of Arnold Bloch Leibler to the Inquiry into the provisions of the Disability Discrimination Amendment Bill 2003 by the Senate Legal and Constitutional Committee of the Parliament of Australia. (PDF format 269Kb)
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