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Member Articles


‘Your Future, Your Super’: APRA’s Superannuation Performance Test Turns a Spotlight on Poor Performance and High Fees Amongst Choice Products

The annual superannuation performance test has shone a light on poor performance in the MySuper segment since its introduction in 2021. Now the Choice segment is under the spotlight as more than one in 10 trustee-directe ...

Construction Contracts: The Complexities of Indemnities

Construction contracts are often encyclopaedic, imposing extensive obligations upon contractors. Typically, several indemnity clauses are also included, occasionally with at least one party labouring under a misapprehens ...

Construction Contracts: How Much Is Recoverable When Work Is Defective?

If a contractor fails to rectify defective work, the contractor will be exposed to ‘damages’ for breach of contract. How do you calculate the value of any ‘damages’? The value of damages for any contractual bre ...

The Closing Loopholes Bill Brings More Challenges for Employers

The Albanese Government’s latest amendments to the Fair Work Act propose important changes in relation to casual employment, independent contracting, labour hire, liability for underpaying workers, and trade union dele ...

Fair Go Mate! Penalties for Unfair Contract Terms Coming Soon

Introduction The Australian Competition & Consumer Commission (ACCC) has repeatedly highlighted the importance of unfair contract terms (UCT) provisions, as they ‘protect consumers and small businesses against ter ...

Down Under Digital Asset Regulation? Senate Report Sinks a Proposed Approach

Australia’s journey towards digital asset regulation has had hops forward and slips back, with a brief recap including: In 2018, an early hop on the world with one of the first AML/CTF laws applying to centralised e ...

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