Legal risk in procurement

Size: px
Start display at page:

Download "Legal risk in procurement"

Transcription

1 Legal risk in procurement Scott Alden DLA Piper 19 March 2015 Overview Contract Formation in the Procurement Cycle Legal Risk In The Process Collective Buying and Competition Risk 2 1

2 Contract Formation Procurement Type Electronic What are the Contract Terms Incorporation by reference Legal issues with online formation Deeds Communication of Acceptance Consolidation / Finalisation of Contract Authority Traditional Battle of the Forms When is agreement reached Consolidation of Contract / Tender Authority 3 The Process Contract What is the Process Contract The Queen in Right of Ontario et al v Ron Engineering & Construction Eastern Ltd (1981) Canada Blackpool and Fylde Aero Club v Blackpool Borough Council [1990] EWCA Civ 13 Hughes Aircraft Systems International and Airservices Australia (1997) 146 ALR 1 Ipex ITG Pty Ltd (in liq) v State of Victoria [2010] VSC 480 Ipex ITG Pty Ltd (in liq) (recs apptd) v State of Victoria [2012] VSCA 201 Why is it significant What are the obligations of the Procurer / Responder Ron Engineering City Polytechnic of Hong Kong v Blue Cross (Asia Pacific) Insurance [1994] HK CFI

3 The Process Contract What are the legal and commercial issues if breached J&A Developments v Edina Manufacturer Ltd Amora Ltd & Ors [2008] NIQB 208 Discovering the process Griffin Energy Pty Ltd v Western Power Corporation [2006] Telstra Corporation Limited v Minister for Communications, Information, Technology and the Arts (No. 3) [2007] FCA 1567 Avoiding the risks in the process contract Cubic Transportation Systems Inc & Anor v State of New South Wales & 2 Ors [2001] NSW SC 1195 Tercon Contractors Ltd v British Columbia (Transportation and Highways) 2010 SCC4 5 Other Legal Risks Misleading and Deceptive Conduct s18 Competition and Consumer Act (Cth) 2010 JS McMillan Pty Ltd v Commonwealth (1997) 77 FCR 337 Hughes Aircraft Misrepresentation Equitable Estoppel LMI Australasia Pty Ltd v Baulderstone Hornibrook Pty Ltd (unreported 10 April 2003) Negligence Injunctions Breach of Confidence / Restraint of Trade Administrative Law (Procedural Unfairness, Acting Unreasonably) 6 3

4 1. Not following the stated process 2. Not all information to tenderers at the same time (level playing field), uncontrolled site visits 3. Late tenders 4. Not disclosing criteria or using adopted criteria 5. Post Tender Negotiations 6. Using IP of losing tenderer to improve project with contractor 7. Disclosure not disclosing as required or not giving post tender de-brief 7 7. Entering into projects contracts that are significantly different to that tendered/inappropriate variations Pressetext Nachrichtenagentur GmbH v Republik Osterreich (Bund) 2008 Edenred (UK Group) Limited v HM Treasury and anor [2014] EWHC 3555 (QB) 8. Improperly managed Conflicts of interest eg use of consultant in pre-bid stage and allowing consultant to bid 9. Confidential Information Leaks 10.Tender period 8 4

5 United Kingdom Competitive dialogue 10 day 'stand still' period before signing contract to allow unsuccessful bidders to bring a legal challenge Procurement regulations in the UK correspond to the EU 'Directives' New Directives (came into force in April 2014) Purpose of the New Directives to simplify procurement new texts are approximately 30% longer than those they replace 30 Day Limitation Period 9 Canada 'Contract A / Contract B' framework allows government agencies a significant amount of freedom to establish criteria that bidders must satisfy to submit a compliant bid on a contract (which is basically the terms and conditions in Contract A) Obligations on the bidder and government agency 10 5

6 United States Government Accountability Office 'congressional watchdog' Ability to suspend contract signing until bid protests have been made. Ability to sustain protests eg Agency failure to follow stated evaluation criteria. 11 Trends Termination for Convenience / Abandoning Processes Good Faith Bid Challenges 12 6

7 Competition / Cartel Conduct Competition and Consumer Act 2010 Making a contract containing a cartel provision (s 44 ZZRF) Penalty - $10m Collective buying competing entities coming together to buy at a set price for a period. The fixing of a price is a 'cartel provision' Collective buying exemption (s 44ZZRV) Seek authorisations from ACCC directly 13 Key Contacts Scott Alden Partner Sydney Location Head Finance and Projects T: E: scott.alden@dlapiper.com 14 7

ALLIANCING SOME PRACTICAL AND LEGAL CONSIDERATIONS WHEN BIDDING AND STRUCTURING ALLIANCING PROJECTS

ALLIANCING SOME PRACTICAL AND LEGAL CONSIDERATIONS WHEN BIDDING AND STRUCTURING ALLIANCING PROJECTS ALLIANCING SOME PRACTICAL AND LEGAL CONSIDERATIONS WHEN BIDDING AND STRUCTURING ALLIANCING PROJECTS Andrew Chew, Special Counsel Mallesons Stephen Jaques, Sydney 1. INTRODUCTION Over the last ten years

More information

Ten Plus Pointers for Drafting Procurement Documents

Ten Plus Pointers for Drafting Procurement Documents TENDERING LAW 2014 UPDATE PAPER 2.2 Ten Plus Pointers for Drafting Procurement Documents These materials were prepared by David W. Little of Fasken Martineau DuMoulin LLP, Vancouver, BC, for the Continuing

More information

Settlement Facilitation Service Agreement

Settlement Facilitation Service Agreement Settlement Facilitation Service Agreement Between ASX Settlement Pty Limited ABN 49 008 504 532 ( ASX Settlement ) and [ ] ( Listing Market Operator ) ABN [ ] [Version: March 2014] Details Parties ASX

More information

Liability limited by a scheme approved under Professional Standards Legislation. elevenwentworth.com

Liability limited by a scheme approved under Professional Standards Legislation. elevenwentworth.com 11/180 Phillip Street Sydney NSW 2000 DX 377 Sydney elevenwentworth.com Tom O Brien Tom is a university medalist and former High Court Associate, who practices in a broad range of areas, with a particular

More information

The Australian Charities and Not-for-profits Commission Act 2012 A guide for charities

The Australian Charities and Not-for-profits Commission Act 2012 A guide for charities The Australian Charities and Not-for-profits Commission Act 2012 A guide for charities The Australian Charities and Not for profits Commission (ACNC) is the centrepiece of a broad range of reforms to the

More information

SALVAGE THROUGH LITIGATION IN INSOLVENCY: CONSIDERING THIRD-PARTY FUNDING VANNIN CAPITAL

SALVAGE THROUGH LITIGATION IN INSOLVENCY: CONSIDERING THIRD-PARTY FUNDING VANNIN CAPITAL Pip Murphy Managing Director VANNIN CAPITAL SALVAGE THROUGH LITIGATION IN INSOLVENCY: CONSIDERING THIRD-PARTY FUNDING In this article we asked Corrs Chambers Westgarth and Slaughter and May to consider

More information

NOTICE OF FILING AND HEARING

NOTICE OF FILING AND HEARING NOTICE OF FILING AND HEARING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 1/08/2017 3:39:17 PM AEST and has been accepted for filing under the Court s Rules. Filing

More information

Contract Modifications

Contract Modifications Brief 38 Public Procurement September 2016 Contract Modifications CONTENTS Introduction Permitted or non-substantial modifications of contracts during their term no procurement procedure required o Modifications

More information

NOTICE OF FILING AND HEARING

NOTICE OF FILING AND HEARING NOTICE OF FILING AND HEARING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 1/08/2017 3:42:06 PM AEST and has been accepted for filing under the Court s Rules. Filing

More information

Proportionate liability and a case on denial of indemnity

Proportionate liability and a case on denial of indemnity JANUARY 2005 INSURANCE & REINSURANCE www.aar.com.au Inside: Proportionate liability provisions have now commenced in a number of Australian jurisdictions and their practical effects will be of great interest

More information

COMPETITION & REGULATION UPDATE

COMPETITION & REGULATION UPDATE AUGUST 2013 COMPETITION & REGULATION UPDATE ACCC OBTAINS ITS FIRST UNFAIR CONTRACT TERMS DECLARATIONS: ACCC V BYTECARD PTY. LIMITED The Australian Competition and Consumer Commission's (ACCC) first case

More information

Western Water Development Consultant Accreditation Deed

Western Water Development Consultant Accreditation Deed Western Water Development Consultant Accreditation Deed Western Water ABN 67 433 835 375 and Company name: ABN : February 2018 TABLE OF CONTENTS 1. DEFINITIONS AND INTERPRETATION... 1 1.1 Definitions...

More information

Professional Experience

Professional Experience Professional Experience With over 30 years at the Bar, Greg has considerable experience acting for and advising clients globally, in complex cross-border maritime, commercial, building and construction,

More information

Barrister: 1996 Appointed Silk: BA, LLB (Hons), University of Sydney LLM, University of Sydney

Barrister: 1996 Appointed Silk: BA, LLB (Hons), University of Sydney LLM, University of Sydney BARRISTER BANCO CHAMBERS Admissions Barrister: 1996 Appointed Silk: 2009 Qualifications BA, LLB (Hons), University of Sydney LLM, University of Sydney Areas of Practice Appellate Arbitration Commercial

More information

The Commissioner of Taxation of the Commonwealth of Australia v Thomas [2018] HCA 31 August 2018, Judicial Review & Administrative, Tax

The Commissioner of Taxation of the Commonwealth of Australia v Thomas [2018] HCA 31 August 2018, Judicial Review & Administrative, Tax DAVID CHESTERMAN YEAR OF CALL: 2009 David s practice is focused on the resolution of complex commercial disputes. He provides advice, appears at trials and pre-trial hearings (both curial and arbitral),

More information

GIPA Contract Register

GIPA Contract Register GIPA Contract Register The GIPA Act requires Landcom to record and publish certain information about some contracts with private sector bodies. Part 3, Division 5 of the GIPA Act states that information

More information

SYNERGY S GENERAL CONDITIONS OF CONSULTANCY CONTRACT (SHORT FORM)

SYNERGY S GENERAL CONDITIONS OF CONSULTANCY CONTRACT (SHORT FORM) SYNERGY S GENERAL CONDITIONS OF CONSULTANCY CONTRACT (SHORT FORM) Between: Electricity Generation and Retail Corporation trading as Synergy (ABN 58 673 830 106) of Level 11, 15-17 William Street, Perth,

More information

MASTER ECM TERMS. 7 March 2016

MASTER ECM TERMS. 7 March 2016 MASTER ECM TERMS 7 March 2016 MASTER ECM TERMS Legal matters The use of the Master ECM Terms and in particular the choice of variables to be applied to a particular transaction depends on the transaction

More information

Internal transfer of Water Entitlements, Delivery Entitlements and Shares Form 09

Internal transfer of Water Entitlements, Delivery Entitlements and Shares Form 09 Application Guidelines Internal transfer of Water Entitlements, Delivery Entitlements and Shares Form 09 Use this form to apply for the transfer of the Water Entitlements, Delivery Entitlements and corresponding

More information

We refer to your application for the Supply Address to be connected to Jemena s natural gas distribution network.

We refer to your application for the Supply Address to be connected to Jemena s natural gas distribution network. 27 April 2016 Bane Pty Ltd Dear Jim Zeaiter Jemena Gas Networks (NSW) Ltd ABN 87 003 004 322 Level 9-15 99 Walker St North Sydney NSW 2060 PO Box 1220 North Sydney NSW 2059 T 1300 137 078 F +61 2 9867

More information

Australia Business Contract Law Fundamentals for Non-Lawyers

Australia Business Contract Law Fundamentals for Non-Lawyers C L A R I D E N 5-16 December 2016 Knowledge for the world business leaders Australia Australia Business Contract Law Fundamentals Session A: 5-6 December 2016, Brisbane Marriott Hotel Session B: 8-9 December

More information

For personal use only

For personal use only ASX/MEDIA RELEASE 13 September 2018 Lodgement of Court orders with ASIC Sydney, Australia Sirtex Medical Limited (ASX:SRX) (Sirtex) announces that the orders of the Federal Court of Australia (Court) approving

More information

19 DECEMBER 2016 COMPULSORY ACQUISITION OF REMAINING SHARES IN UGL LIMITED

19 DECEMBER 2016 COMPULSORY ACQUISITION OF REMAINING SHARES IN UGL LIMITED 19 DECEMBER 2016 COMPULSORY ACQUISITION OF REMAINING SHARES IN UGL LIMITED CIMIC Group Investments No. 2 Limited (CGI2) has a relevant interest in 90.003% of all shares in UGL Limited (UGL) as at 2.10pm

More information

Entered in the Register of Practitioners kept by the High Court of Australia

Entered in the Register of Practitioners kept by the High Court of Australia RICHARD RAFFELL Ground Floor Wentworth Chambers 180 Phillip Street, Sydney NSW 2000 T +61 2 9230 3270 F +61 2 8028 6098 E richard.raffell@wentworthchambers.com.au Admissions Entered in the Register of

More information

Australia. Leighton O Brien, Nicholas Ng and Louise Santos. Allens

Australia. Leighton O Brien, Nicholas Ng and Louise Santos. Allens AUSTRALIA Australia Leighton O Brien, Nicholas Ng and Louise Santos General PPP framework 1 How has the concept of public-private partnership (PPP) developed in your jurisdiction? What types of transactions

More information

If you are in any doubt as to what you should do, you should consult your broker, financial adviser or legal adviser immediately.

If you are in any doubt as to what you should do, you should consult your broker, financial adviser or legal adviser immediately. Scheme Booklet Sirtex Medical Limited (ABN 35 078 166 122) This is an important document and requires your immediate attention. You should read this Scheme Booklet carefully and in its entirety before

More information

THE FRANCHISING CODE

THE FRANCHISING CODE THE FRANCHISING CODE Author: Matthew Bromley Date: 8 November, 2013 Copyright 2013 This work is copyright. Apart from any permitted use under the Copyright Act 1968, no part may be reproduced or copied

More information

PETER JULIAN RIORDAN S.C.

PETER JULIAN RIORDAN S.C. CURRICULUM VITAE PETER JULIAN RIORDAN S.C. Telephone: +61 3 9225 7162 Secretary: +61 3 9225 8949 Fax: +61 3 9225 8895 Fax: +61 3 9225 8026 Email: priordan@vicbar.com.au Chambers: Room 3112 Aickin Chambers

More information

The Personal Property Securities Act 2009 (Cth)

The Personal Property Securities Act 2009 (Cth) Mills Oakley Christmas Insolvency Review 2016 Dear Friends and Colleagues, It s almost time to down tools, pop the champagne and enjoy the break with family and friends. But before you do, here are our

More information

This relevant interest obtained by Goldman Sachs under the Sale Agreement does not represent a shortfall.

This relevant interest obtained by Goldman Sachs under the Sale Agreement does not represent a shortfall. Goldman Sachs (Asia) L.L.C. 68th Floor Cheung Kong Center 2 Queen s Road Central Hong Kong Tel: (852) 2978-1000 Fax: (852) 2978-0967 26 March 2018 Australian Securities Exchange Exchange Center 20 Bridge

More information

INFORMATION MEMORANDUM

INFORMATION MEMORANDUM INFORMATION MEMORANDUM AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED Australian Business Number 11 005 357 522 (Incorporated with limited liability in Australia) AUSTRALIAN DOLLAR DEBT ISSUANCE PROGRAMME

More information

Unfair contract terms and small business: have you checked your contracts?

Unfair contract terms and small business: have you checked your contracts? Unfair contract terms and small business: have you checked your contracts? Andrea Beatty and Gabor Papdi, KEYPOINT LAW There has been a major change in the law affecting those that enter into standard

More information

Contributors: John McMullan BEng(Civil), LLB, LLM, FIEAust, FIArbA Tracey McMullan BA, LLB

Contributors: John McMullan BEng(Civil), LLB, LLM, FIEAust, FIArbA Tracey McMullan BA, LLB CONSTRUCTION CONTRACT ADMINISTRATION PRINCIPLES: GUIDE TO CONSTRUCTION CONTRACT PROFESSIONALS JOHN McMULLAN Contributors: John McMullan BEng(Civil), LLB, LLM, FIEAust, FIArbA Tracey McMullan BA, LLB Level

More information

NICK KABILAFKAS PERSONAL DETAILS ADMISSIONS PREVIOUS EMPLOYMENT EDUCATION. 9 January Date of Birth: Contact Details:

NICK KABILAFKAS PERSONAL DETAILS ADMISSIONS PREVIOUS EMPLOYMENT EDUCATION. 9 January Date of Birth: Contact Details: PERSONAL DETAILS Date of Birth: Contact Details: ADMISSIONS 18 September 1998 1 October 1998 1 May 2006 PREVIOUS EMPLOYMENT July 2003 January 2006 March 2000 June 2003 June 1997 January 1999 February 1999

More information

BARRISTER Bachelor of Laws (Hons), University of Sydney

BARRISTER Bachelor of Laws (Hons), University of Sydney AMY DOUGLAS-BAKER BARRISTER SIX ST JAMES HALL CHAMBERS Level 6 St James Hall 169 Phillip Street Sydney NSW 2000 DX 328 Sydney T +61 2 9236 8650 M +61 2 423 278 917 E a.douglasbaker@stjames.net.au W http://www.sixstjameshall.com.au/amydouglasbaker

More information

DIRECTORS DUTIES PREPARED FOR THE VICTORIAN COMMERCIAL TEACHERS ASSOCIATION

DIRECTORS DUTIES PREPARED FOR THE VICTORIAN COMMERCIAL TEACHERS ASSOCIATION DIRECTORS DUTIES PREPARED FOR THE VICTORIAN COMMERCIAL TEACHERS ASSOCIATION Level 7, 422 Little Collins Street, Melbourne VIC 3000 PO Box 394, Collins Street West, Melbourne, VIC 8007 T 1 300 724 395 F

More information

Senior Lawyer, Constitutional Litigation Unit, AGS (Canberra)

Senior Lawyer, Constitutional Litigation Unit, AGS (Canberra) D ANIELLE FORRESTER Sixth Floor Selborne Wentworth Chambers Level 6, 174 Phillip Street SYDNEY NSW 2000 T +61 2 8915 2614 dforrester@sixthfloor.com.au Professional Experience 2014 present Barrister August

More information

Assetinsure. Owner-Builder Warranty Insurance. - Western Australia

Assetinsure. Owner-Builder Warranty Insurance. - Western Australia Assetinsure Owner-Builder Warranty Insurance - Western Australia Effective date: 01/10/2015 Table of Contents IMPORTANT INFORMATION... 3 INTRODUCTION... 3 ABOUT ASSETINSURE... 3 ABOUT AOBIS... 3 DUTY OF

More information

HONG KONG & CHINA - COMPETITION LAW FUNDAMENTALS

HONG KONG & CHINA - COMPETITION LAW FUNDAMENTALS Competitive Edge Local developments and international trends relevant to Hong Kong and China For assistance from Johnson Stokes & Master's Competition Team regarding issues in Hong Kong and China, contact

More information

OUTLINE OF WGG s SUBMISSIONS ON COSTS

OUTLINE OF WGG s SUBMISSIONS ON COSTS IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION COMMERCIAL COURT CORPORATIONS LIST S CI 2011 6816 IN THE MATTER OF WILLMOTT FORESTS LIMITED (RECEIVERS AND MANAGERS APPOINTED)

More information

Corporate( Law(( Summary( Reference:(Lipton,(Herzberg(and(Welsh,(Understanding+Company+Law,+16 th (edn+ (Thomson(Reuters(2012).(

Corporate( Law(( Summary( Reference:(Lipton,(Herzberg(and(Welsh,(Understanding+Company+Law,+16 th (edn+ (Thomson(Reuters(2012).( Corporate( Law(( Summary( Reference:(Lipton,(Herzberg(and(Welsh,(Understanding+Company+Law,+16 th (edn+ (Thomson(Reuters(2012).( What is a Corporation?... 6 What Regulates Corporations?... 7 What is ASIC?...

More information

Insurance Brokers Code of Practice

Insurance Brokers Code of Practice Insurance Brokers Code of Practice CONTENTS PAGE 1. INTRODUCTION 4 2. OBJECTIVES OF THE CODE 4 3. PRINCIPLES OF THE CODE 4 4. WHAT AND WHO THE CODE COVERS AND PROTECTS 4 5. CODE STANDARDS 5 6. WHO WE

More information

COMPANY ANNOUNCEMENT. GrainCorp Limited (ASX: GNC) 24 June The Manager Company Announcements Office ASX Limited 20 Bridge Street SYDNEY NSW 2000

COMPANY ANNOUNCEMENT. GrainCorp Limited (ASX: GNC) 24 June The Manager Company Announcements Office ASX Limited 20 Bridge Street SYDNEY NSW 2000 COMPANY ANNOUNCEMENT GrainCorp Limited (ASX: GNC) 24 June 2013 The Manager Company Announcements Office ASX Limited 20 Bridge Street SYDNEY NSW 2000 Dear Sir/Madam GrainCorp Limited takeover bid by ADM

More information

Information contained

Information contained Electronic Conveyancing National Law (NSW) Participation Section 23 VERSION 3 Effective: 9 November 2015 CONTENTS 1 PRELIMINARY... 4 2 DEFINITIONS AND INTERPRETATION... 4 2.1 Definitions... 4 2.2 Interpretation...

More information

Seymour Whyte Limited. Scheme Participants. Scheme of Arrangement. Corrs Chambers Westgarth

Seymour Whyte Limited. Scheme Participants. Scheme of Arrangement. Corrs Chambers Westgarth Seymour Whyte Limited Scheme Participants Scheme of Arrangement Corrs Chambers Westgarth Contents 1 Definitions and interpretation 1 1.1 Definitions 1 2 Preliminary 4 2.1 Target 4 2.2 Bidder and Bidder

More information

Admitted as a Solicitor to the Supreme Court of New South Wales

Admitted as a Solicitor to the Supreme Court of New South Wales BRADLEY LLOYD JONES Ground Floor Wentworth Chambers 180 Phillip Street, Sydney NSW 2000 T +61 2 9230 3277 F +61 2 9232 8435 E jones@wentworthchambers.com.au Admissions and Appointments 2005 - Admitted

More information

EVR Desktop Assessment Supplier Agreement

EVR Desktop Assessment Supplier Agreement Supplier Agreement Party Details EVR Supplier ABN Address Authorised Contact Name: Email: Phone: CoreLogic RP Data Pty Ltd trading as CoreLogic Asia Pacific (CoreLogic) ABN 67 087 759 171 Address Level

More information

Fortescue Metals Group Limited

Fortescue Metals Group Limited Policy Performance Rights Plan Fortescue Metals Group Limited ABN 57 002 594 872 As approved by the shareholders of Fortescue Metals Group Limited on 11 November 2015. Performance Rights Plan Page 2 of

More information

ANZ updates wholesale domestic debt issuance program

ANZ updates wholesale domestic debt issuance program News Release For Release: 15 October 2018 ANZ updates wholesale domestic debt issuance program ANZ today updated its Australian dollar wholesale debt issuance program for the issue of medium term notes

More information

TERMS AND CONDITIONS IN INSURANCE CONTRACTS. Rob Merkin University of Exeter DLA Phillips Fox

TERMS AND CONDITIONS IN INSURANCE CONTRACTS. Rob Merkin University of Exeter DLA Phillips Fox TERMS AND CONDITIONS IN INSURANCE CONTRACTS Rob Merkin University of Exeter DLA Phillips Fox SUBJECT MATTER OF TERMS Pre-policy or pre-inception terms Premium Inspection/survey/improvements Pre-loss terms

More information

For personal use only

For personal use only 8 April 2016 ATLANTIC EXECUTES SCHEME IMPLEMENTATION DEED WITH DROXFORD INTERNATIONAL LIMITED Atlantic Ltd's (ASX: ATI) (Atlantic) Independent Director is pleased to announce that Atlantic has entered

More information

Lazard Australian Equity

Lazard Australian Equity Australian Equity 2Q18 Platform Review Performance Summary as at 3 June 218 (%; unless otherwise noted) Annualised 3 Months 1 Year 3 Years 5 Years 1 Years Since Inception (1 August 22) Select Australian

More information

Standard Retail Contract Terms and Conditions.

Standard Retail Contract Terms and Conditions. Standard Retail Contract Terms and Conditions. 1 December 2017. In accordance with section 35(4) of the Electricity Industry Act 2000 and section 42(4) of the Gas Industry Act 2001, Powerdirect provides

More information

Fortescue Metals Group Limited

Fortescue Metals Group Limited Policy Salary Sacrifice Share Plan Fortescue Metals Group Limited ABN 57 002 594 872 Contents 1. Definitions and interpretation... 1 1.1 Definitions... 1 1.2 Interpretation... 5 1.3 Heading... 6 1.4 Applicable

More information

INFORMATION MEMORANDUM

INFORMATION MEMORANDUM INFORMATION MEMORANDUM Medium Term Notes Transferable Certificates of Deposit Subordinated Securities COMMONWEALTH BANK OF AUSTRALIA ABN 48 123 123 124 (Issuer) Commonwealth Bank of Australia Arranger

More information

End of Term Arrangements. Fred Potgieter, Special Counsel, Thomsons Lawyers

End of Term Arrangements. Fred Potgieter, Special Counsel, Thomsons Lawyers End of Term Arrangements Fred Potgieter, Special Counsel, Thomsons Lawyers End of Term Arrangement 1. Relevant July 2010 Code 1.1 17C: Processes that will apply at the end of the agreement including: Renewal

More information

Contribution. Rights of contribution when one indemnifier not an insurer

Contribution. Rights of contribution when one indemnifier not an insurer Contribution When is contribution payable? 1. Where 2 or more insurers under contracts of indemnity insurance are liable in respect of a loss, an insurer who has paid the loss is entitled to contribution

More information

Form 603. Corporations Act 2001 Section 671B. Notice of initial substantial holder

Form 603. Corporations Act 2001 Section 671B. Notice of initial substantial holder 603 GUIDE page 1/1 13 March 2000 Form 603 Corporations Act 2001 Section 671B Notice of initial substantial holder To Company Name/Scheme nib holdings limited ACN/ARSN 125 633 856 1. Details of substantial

More information

DISCLOSURE STATEMENT to clients of Interactive Brokers Australia Pty Ltd ACN AFSL No [453554] (Broker)

DISCLOSURE STATEMENT to clients of Interactive Brokers Australia Pty Ltd ACN AFSL No [453554] (Broker) DISCLOSURE STATEMENT to clients of Interactive Brokers Australia Pty Ltd ACN 166 929 568 AFSL No [453554] (Broker) TERMS OF YOUR AGREEMENT WITH ABN 87 149 440 291 AFSL No 402467 () 1. Your clearing arrangements

More information

Security Investments Negotiable Certificates of Deposit issued by the Commonwealth Bank of Australia

Security Investments Negotiable Certificates of Deposit issued by the Commonwealth Bank of Australia WHAT YOU NEED TO KNOW Security Investments Negotiable Certificates of Deposit issued by the Commonwealth Bank of Australia Product Disclosure Statement Issue date: 12 March 2014 Issued by: Commonwealth

More information

IN THE FEDERAL COURT OF AUSTRALIA (FCA) NEW SOUTH WALES REGISTRY - FEDERAL COURT OF AUSTRALIA

IN THE FEDERAL COURT OF AUSTRALIA (FCA) NEW SOUTH WALES REGISTRY - FEDERAL COURT OF AUSTRALIA IN THE FEDERAL COURT OF AUSTRALIA (FCA) NEW SOUTH WALES REGISTRY - FEDERAL COURT OF AUSTRALIA GENERAL DIVISION No: NSD213/2011 NOTICE OF FILING This document was filed electronically in the FEDERAL COURT

More information

Précis Paper: Julian Sexton SC and Ian Benson on Total and Permanent Disability in Life Insurance

Précis Paper: Julian Sexton SC and Ian Benson on Total and Permanent Disability in Life Insurance Précis Paper: Julian Sexton SC and Ian Benson on Total and Permanent Disability in Life Insurance A consideration of Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2015]

More information

DRAFT CONTRACT DRAFT CONTRACT IN RELATION TO INTERNAL AUDIT SERVICES 2017 TO 2019

DRAFT CONTRACT DRAFT CONTRACT IN RELATION TO INTERNAL AUDIT SERVICES 2017 TO 2019 PART A DRAFT CONTRACT RFT 2016/08 Internal audit services 2017 to 2019 DRAFT CONTRACT DRAFT CONTRACT IN RELATION TO INTERNAL AUDIT SERVICES 2017 TO 2019 Australian Curriculum, Assessment and Reporting

More information

For personal use only

For personal use only Rights Issue Update 18 May 2015: On 12 May 2015, mobile and online payments platform and logistics software provider SmartTrans Holdings Limited (ASX: SMA) ( SmartTrans or the Company ) announced its intention

More information

AM Request for Proposal (RFP)

AM Request for Proposal (RFP) AM - 2138 Request for Proposal (RFP) Supply of Services for Australia Awards PNG Management Information System Services Structure of Invitation Part A Invitation and Rules of Proposal Part B Scope of Services

More information

2.2. The Auction is a live open auction and will be conducted by a professional auctioneer on behalf of Sony Foundation.

2.2. The Auction is a live open auction and will be conducted by a professional auctioneer on behalf of Sony Foundation. FOX SPORTS Corporate Suite Auction Terms and Conditions Auction and Promoter 1.1. By participating in the FOX SPORTS Corporate Suite Auction (Auction) and in consideration for the opportunity to win the

More information

Privacy Policy. Who we are. Definitions

Privacy Policy. Who we are. Definitions Privacy Policy Your privacy is important to us and we are committed to being open and transparent about how we manage personal information. This helps build community trust and confidence in our organisation.

More information

RESPONDENT S OUTLINE OF SUBMISSIONS

RESPONDENT S OUTLINE OF SUBMISSIONS IN THE COURT OF APPEAL OF THE SUPREME COURT OF VICTORIA No. 6 of 2015 BETWEEN ELECTRA PTY LTD (APPELLANT) and DUCT SUPPLIERS LTD (RESPONDENT) RESPONDENT S OUTLINE OF SUBMISSIONS SENIOR COUNSEL JUNIOR COUNSEL

More information

SUPREME COURT OF VICTORIA COURT OF APPEAL

SUPREME COURT OF VICTORIA COURT OF APPEAL SUPREME COURT OF VICTORIA COURT OF APPEAL S APCI 2013 0041 IN THE MATTER OF WULGURU RETAIL INVESTMENTS PTY LTD (In Liquidation) (ACN 084 836 859) BETWEEN DAVID RAJ VASUDEVAN as Joint and Several Liquidator

More information

Travelex Online Ordering Terms and Conditions

Travelex Online Ordering Terms and Conditions Travelex Online Ordering Terms and Conditions 1. Who We Are The Travelex online ordering facility known as at Foreign Currency Notes service (the "Service") is provided by Travelex Limited (ABN 36 004

More information

Proposal Form. Recruitment Services Professional Indemnity

Proposal Form. Recruitment Services Professional Indemnity Proposal Form Recruitment Services Professional Indemnity Important Notices Please read these notices before completing the Proposal Form. Your duty of disclosure Before you enter into an insurance contract,

More information

JAMES MCKAY PROFILE BARRISTER - VICTORIAN BAR CONTACT INFORMATION SOCIAL NETWORK. James specialises in commercial and property litigation.

JAMES MCKAY PROFILE BARRISTER - VICTORIAN BAR CONTACT INFORMATION SOCIAL NETWORK. James specialises in commercial and property litigation. BARRISTER - VICTORIAN BAR BAR ROLL: 2009 ADMITTED: 2007 CONTACT INFORMATION Owen Dixon Chambers West, Room 1514, 525 Lonsdale Street, Melbourne VIC 3000 Ph: +61 3 9225 7222 0400 950 002 JAMES MCKAY Email:

More information

Maritime Insurance Law

Maritime Insurance Law LW6175E Maritime Insurance Law Part I Course Duration: One semester Credit Units: 3 Level: P6 Medium of Instruction: English Prerequisites: (Course Code and Title) Nil Precursors: (Course Code and Title)

More information

Appendix 3B. New issue announcement, application for quotation of additional securities and agreement

Appendix 3B. New issue announcement, application for quotation of additional securities and agreement Appendix 3B Rule 2.7, 3.10.3, 3.10.4, 3.10.5 New issue announcement, application for quotation of additional securities and agreement Information or documents not available now must be given to ASX as

More information

HOST EMPLOYER LIABILITY POLICY (HELP) PROPOSAL FORM

HOST EMPLOYER LIABILITY POLICY (HELP) PROPOSAL FORM SURA LABOUR HIRE PTY LTD SUITE 1.04 29 31 LEXINGTON DRIVE BELLA VISTA NSW 2153 TELEPHONE. 02 9672 6088 SURA.COM.AU HOST EMPLOYER LIABILITY POLICY (HELP) PROPOSAL FORM IMPORTANT NOTICES The information

More information

Financial Services Guide

Financial Services Guide Financial Services Guide JLT Discretionary Trust (JDT) Arrangement April 2017 The JDT Arrangement is a well-established proven alternative to standard insurance for many companies throughout Australia.

More information

14 June Contacts: For investors & media: Tammy Tang (Executive Director)

14 June Contacts: For investors & media: Tammy Tang (Executive Director) 14 June 2018 OPUS Group Limited Special Dividend and Dividend Reinvestment Plan Further to today s announcement by OPUS Group Limited (ASX: OPG) (OPUS), in relation to the proposed scheme of arrangement

More information

TERMS AND CONDITIONS - PERMANENT STAFF

TERMS AND CONDITIONS - PERMANENT STAFF TERMS AND CONDITIONS - PERMANENT STAFF Walker Andersen a trading name of Stirling Andersen Pty Ltd (hereafter WA ) is a specialist professional services recruitment group in the Asia Pacific region. S

More information

AN INTRODUCTION TO THI: 9th EDITION LAW OF CONTRACT...

AN INTRODUCTION TO THI: 9th EDITION LAW OF CONTRACT... AN INTRODUCTION TO THI: LAW OF CONTRACT... 9th EDITION An Introduction to the Law of Contract An Introduction to the Law of Contract STEPHEN GRAW RFD, B Com, l:lb (Old), SJD (Syd), FAAL, CTA Solicitor

More information

Electro Optic Systems Holdings Limited Share Plan Trust

Electro Optic Systems Holdings Limited Share Plan Trust Electro Optic Systems Holdings Limited Share Plan Trust Trust Deed Electro Optic Systems Holdings Limited (Company) Electro Optic Systems Holdings Limited (Trustee) Level 40 Governor Macquarie Tower 1

More information

Allocation, Access and Activity Approvals How the Recent Reforms to the Mining Act will impact on NSW Explorers. Samantha Daly Partner

Allocation, Access and Activity Approvals How the Recent Reforms to the Mining Act will impact on NSW Explorers. Samantha Daly Partner Allocation, Access and Activity Approvals How the Recent Reforms to the Mining Act will impact on NSW Explorers Samantha Daly Partner 4 May 2016 38975061 1 Resources Legislation Package Direct allocation

More information

For personal use only

For personal use only 18 OCTOBER 2016 3Q CASH FLOW FROM OPERATING ACTIVITIES UP 7.3% YOY TO $533M, AN EBITDA CONVERSION RATE OF 192% IN LAST 12 MONTHS (LTM), WHICH ADJUSTS FOR SEASONALITY, EBITDA CONVERSION RATE OF 107% 9M16

More information

CONNECTING HEALTH SOLUTIONS

CONNECTING HEALTH SOLUTIONS CONNECTING HEALTH SOLUTIONS Sigma Pharmaceuticals Limited ABN 15 088 417 403 NOTICE IS GIVEN that the Annual General Meeting of Sigma Pharmaceuticals Limited (Company) will be held at the ANZ Pavilion,

More information

CURRICULUM VITAE Ben Mee BSc LLB (Hons I), LLM (Hons I), Barrister Tel: Fax:

CURRICULUM VITAE Ben Mee BSc LLB (Hons I), LLM (Hons I), Barrister Tel: Fax: CURRICULUM VITAE Ben Mee BSc LLB (Hons I), LLM (Hons I), Barrister Tel: +61 2 8066 6101 Fax: +61 2 9232 8995 Email: Ben.Mee@5Wentworth.com Areas of Practice Intellectual Property Competition and Consumer

More information

This Agreement sets out the terms and conditions on which we agree to sell you Energy and you agree to buy Energy from us.

This Agreement sets out the terms and conditions on which we agree to sell you Energy and you agree to buy Energy from us. CUSTOMER CHARTER 1. INTRODUCTION This Agreement sets out the terms and conditions on which we agree to sell you Energy and you agree to buy Energy from us. This Agreement is a market retail contract for:

More information

Terms & Conditions. My Credit File and My Credit Alert. You are dealing with Equifax. Compliance. Payment and Services.

Terms & Conditions. My Credit File and My Credit Alert. You are dealing with Equifax. Compliance. Payment and Services. Terms & Conditions My Credit File and My Credit Alert You are dealing with Equifax 1. You are sending your personal information to Equifax Australia Information Services and Solutions Pty Limited ABN:

More information

Pepper Money Terms of Business for Intermediaries

Pepper Money Terms of Business for Intermediaries Pepper Money Terms of Business for Intermediaries 1 INTERPRETATION For purposes of these Terms of Business for Intermediaries, the following expressions have the meanings specified below: Applicable Laws

More information

Carmen Champion. Barrister-at-Law

Carmen Champion. Barrister-at-Law Carmen Champion Barrister-at-Law Tel: 0413 489 537 Email: clausius1950@bigpond.com Called to the bar in 1999 Spheres of expertise Intellectual Property Law Carmen Champion has been identified as one of

More information

ETFS Commodity Securities Limited. ETFS Classic and Longer Dated Commodity Securities ETFS Short and Leveraged Commodity Securities

ETFS Commodity Securities Limited. ETFS Classic and Longer Dated Commodity Securities ETFS Short and Leveraged Commodity Securities ETFS Commodity Securities Limited LEI: 21380068Q1JSIAN4FO63 3 July 2017 ETFS Commodity Securities Limited ETFS Classic and Longer Dated Commodity Securities ETFS Short and Leveraged Commodity Securities

More information

HOST EMPLOYER LIABILITY POLICY (HELP) PROPOSAL FORM

HOST EMPLOYER LIABILITY POLICY (HELP) PROPOSAL FORM SURA LABOUR HIRE PTY LTD SUITE 1.04 29 31 LEXINGTON DRIVE BELLA VISTA NSW 2153 TELEPHONE. 02 9672 6088 SURA.COM.AU HOST EMPLOYER LIABILITY POLICY (HELP) PROPOSAL FORM IMPORTANT NOTICES The information

More information

Admissions. Barrister: 9 August 1996 Solicitor: 3 July Jurisdictions

Admissions. Barrister: 9 August 1996 Solicitor: 3 July Jurisdictions ANTHONY LO SURDO SC 12 WENTWORTH SELBORNE CHAMBERS, SYDNEY LONSDALE CHAMBERS, MELBOURNE Appointed Senior Counsel: 6 October 2011 Admissions Barrister: 9 August 1996 Solicitor: 3 July 1987 Jurisdictions

More information

Standard Terms & Conditions for Purchase Order

Standard Terms & Conditions for Purchase Order 1. EVANS BUILT DEFINITION Each Party to this Agreement acknowledges and agrees that: a) each reference in this Agreement to Evans Built or to a Purchaser is a reference to Evans Built Pty Ltd (ABN 61 120

More information

ECOMMERCE PRODUCT TERMS

ECOMMERCE PRODUCT TERMS ECOMMERCE PRODUCT TERMS E-Commerce Services are provided by NETSTARTER PTY LTD ABN 28 110 067 96 of Level 3, 116 Miller Street, North Sydney, New South Wales, 2060 pursuant to the General Terms and the

More information

FINANCIAL SERVICES GUIDE

FINANCIAL SERVICES GUIDE FINANCIAL SERVICES GUIDE WESTERN UNION BUSINESS SOLUTIONS (AUSTRALIA) PTY LIMITED PAGE 1 moving money for better business.westernunion.com.au FINANCIAL SERVICES GUIDE Issue Date: 14th January 2017 1. FINANCIAL

More information

COMPANION POLICY CP TO NATIONAL INSTRUMENT TRADING RULES TABLE OF CONTENTS. 1.1 Introduction 1.2 Just and Equitable Principles of Trade

COMPANION POLICY CP TO NATIONAL INSTRUMENT TRADING RULES TABLE OF CONTENTS. 1.1 Introduction 1.2 Just and Equitable Principles of Trade COMPANION POLICY 23-101CP TO NATIONAL INSTRUMENT 23-101 TRADING RULES TABLE OF CONTENTS PART PART 1 PART 2 PART 3 PART 4 PART 5 PART 6 PART 7 PART 8 TITLE INTRODUCTION 1.1 Introduction 1.2 Just and Equitable

More information

March 7,

March 7, March 7, 2002 2002-061 UNIVERSAL MARKET INTEGRITY RULES Background On December 1, 2001, National Instrument 21-101 Marketplace Operation (the Marketplace Operation Instrument ) and National Instrument

More information

CONSUMER PROTECTION AND PRODUCT LIABILITY

CONSUMER PROTECTION AND PRODUCT LIABILITY CONSUMER PROTECTION AND PRODUCT LIABILITY Chapter 15 Consumer Protection and Product Liability Australian law has a strong focus on consumer protection and there are numerous obligations that businesses

More information

Consultancy Services Contract

Consultancy Services Contract SERVICES AND RESOURCES INFRASTRUCTURE Consultancy Services Contract Based on AS 4122 2010 General Conditions of Contract for Consultants The University of Adelaide and The Consultant For Insert Project

More information

Termination of sales and distribution arrangements in Australia

Termination of sales and distribution arrangements in Australia Termination of sales and distribution arrangements in Australia Will terminating or significantly revising an intercompany sales or distribution agreement result in compensation 1 to the affiliate carrying

More information

For personal use only

For personal use only Current reporting period: Half-year ended 31 December 2013 Previous reporting period: Half-year ended 31 December 2012 Appendix 4D Half-Yearly Report (formerly IMF (Australia) Ltd) ("IMF") Half-Year ended

More information