Gadens https://www.gadens.com Thu, 14 Mar 2024 22:17:20 +0000 en-AU hourly 1 https://wordpress.org/?v=6.4.3 Media release | Gadens boosts media law practice with appointment of IP and defamation litigation specialist https://www.gadens.com/media-release-gadens-boosts-media-law-practice-with-appointment-of-ip-and-defamation-litigation-specialist/ https://www.gadens.com/media-release-gadens-boosts-media-law-practice-with-appointment-of-ip-and-defamation-litigation-specialist/#respond Thu, 14 Mar 2024 22:17:20 +0000 https://www.gadens.com/?p=9883 Gadens, a leading independent Australian law firm, is pleased to announce the appointment of Marina Olsen as a partner (Intellectual Property and Technology, Sydney). Also joining Gadens’ IPT team, and bolstering the media and IP capabilities of the group in Sydney, from Banki Haddock Fiora is Jeren Gul, Associate. Marina Olsen joins Gadens from Banki […]

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Gadens, a leading independent Australian law firm, is pleased to announce the appointment of Marina Olsen as a partner (Intellectual Property and Technology, Sydney). Also joining Gadens’ IPT team, and bolstering the media and IP capabilities of the group in Sydney, from Banki Haddock Fiora is Jeren Gul, Associate.

Marina Olsen joins Gadens from Banki Haddock Fiora, a boutique IP and media law firm, having also worked at Allens Linklaters in Sydney and Freshfields Bruckhaus Deringer in London. Marina has extensive experience in litigation relating to both defamation and intellectual property, as well as in all aspects of the IP life cycle. Her experience has seen her involved in many high-profile media cases, including defending Fairfax / Nine Publishing and Christie Whelan Browne in the defamation case brought by actor Craig McLachlan, representing the Australian Financial Review and columnist Joe Aston in a defamation case brought by venture capitalist Elaine Stead, and acting for the AFR and Aaron Patrick in a defamation case commenced by entrepreneur Dr Jemma Green. She also provides regular pre-publication advice to media clients in the publishing, film and television and podcasting fields. Marina advises on IP commercialisation and privacy legal issues, with a particular focus on issues facing media clients. Her expertise and interest cover a broad range of industries; in addition to media and entertainment, Marina advises in the sports, design and consumer goods fields.

“I am thrilled to join Gadens, a firm that is renowned for its quality, innovation and client-focused approach. I look forward to working with the talented IP and technology team and contributing to the growth and development of the media law practice. It’s an exciting time to join, and I particularly look forward to making the most of the opportunity to leverage Gadens’ national network and offer my clients access to a full-service legal offering,” Marina says.

Commenting on Marina’s appointment, Mark Pistilli, Chief Executive Officer, says:

“Marina is a fantastic addition to our Intellectual Property and Technology team. She has an impressive track record of advising and representing prominent media and personalities in Australia on complex and high-stakes matters. She also has a deep understanding of the evolving media landscape and the legal challenges and opportunities it presents. We are thrilled to welcome Marina to our partnership, and Jeren to the team, strengthening our capabilities in this important and dynamic area of law.”

Marina adds her expertise to a growing media law practice in Gadens, alongside other partners who each have a specialised skillset:

  • George Haros specialises in employment, industrial relations, litigation and dispute resolution, and has had carriage of cases where there is significant reputational risk at stake and some of the biggest sports law disputes of the previous decade, where he has acted for sporting organisations as well as high-profile athletes.
  • Susan Goodman is a litigator with over 23 years’ experience acting for corporate clients and individuals as well as government departments. She has extensive experience advising and acting for clients in defamation matters, including successfully defending the Special Broadcasting Service in a claim brought against if for defamation. Susan is also experienced in carrying out pre-publication reviews.
  • Michael Owens specialises in online regulation and litigation, defamation and intellectual property and represents and advises various multi-national companies and technology platforms.
  • Lara Cresser specialises in digital intermediary liability, defamation, intellectual property, advertising and elections. She regularly represents and advises multi-national companies on compliance with Australian law in these areas, with a focus on advising some of the world’s leading technology and social media companies.

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Statement | WGEA Employer Statement (2022 / 2023 reporting period) https://www.gadens.com/statement-wgea-employer-statement-2022-2023-reporting-period/ https://www.gadens.com/statement-wgea-employer-statement-2022-2023-reporting-period/#respond Sun, 25 Feb 2024 22:10:45 +0000 https://www.gadens.com/?p=9833 At Gadens, we pay our people equally for comparable roles, regardless of gender. We are confident that we have pay equity at Gadens. In saying that, it is important to note that pay equity and the GPG are different. Pay equity is about paying each person the same amount of money, regardless of gender (assuming […]

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At Gadens, we pay our people equally for comparable roles, regardless of gender. We are confident that we have pay equity at Gadens. In saying that, it is important to note that pay equity and the GPG are different.

Pay equity is about paying each person the same amount of money, regardless of gender (assuming equal performance). The gender pay gap (GPG) is the difference between the earnings of men and women, expressed as a percentage.

As a result, a GPG can arise when an organisation’s balance of women to men ratio favours one gender over the other.

The GPG calculation does not yet include data about non-binary employees. The Workplace Gender Equality Agency (WGEA) is working in partnership with specialist organisations to develop an approach to support employers to collect this information in a way that is safe and respectful to people who identify as non-binary.

Our GPG summary

Gadens 2023Gadens 2022Legal industry comparisonAustralian comparison
Median (TR)11.30%13.10%22.90%19%
Median (BR)13.60%12.60%20.80%N/A
Average (TR)14.10%14.30%26.40%21.70%
Average (BR)12.60%12.50%22.40%N/A

Despite the progress we have made and our GPGs being significantly lower than the legal industry and overall Australian figures, there is still more work to do.

KeyTR: Total remuneration (includes superannuation and bonuses)
BR: Base remuneration (excludes superannuation and bonuses)
N/A: No information is currently available from the WGEA

Our GPG contributors

The largest contributing factor to our GPG is the composition of our workforce. During the reporting period (2022/2023), Gadens had over 300 employees and, of these, 68% were women.

There can be challenges in closing the GPG when an organisation has one dominate gender; not because they don’t pay equitably, rather because there are large numbers of one gender in the workforce which impacts the calculation of average earnings.

The strategy that will have the biggest impact on our overall GPG, is elevating more women into senior leadership roles, which is a key focus of the firm.

Actions and strategies: What we are doing to close the GPG

Although we have confidence that we pay our people equitably, we still believe there is more to do in addressing the GPG. Here are just some of the things we are doing to close the gap even further:

Increasing females in leadership positions

Ensuring that we have greater female participation at leadership level is something that has been a key focus at Gadens.

For the reporting period, women comprised:

  • 45% of our Partnership (an increase from 25% in 2018)
  • 43% of our Executive team (an increase from 33% in 2021)
  • 33% of our Board (compared to the legal industry average of 24%)

Remuneration and promotions

We apply rigour and thorough analysis to our remuneration and promotion processes, including using the Mercer data (the Nation’s leading remuneration data experts) and conducting thorough moderation processes, to ensure equal pay for equal performance.

Parental leave

The firm launched its market leading gender-neutral Parental Leave policy in 2022, offering 30 weeks’ paid leave with flexible options. In the move to offer universally available paid parental leave, which most often benefits women and enables them to rejoin and stay in the workplace, we:

  • Removed the distinction between primary and secondary carers.
  • Now pay superannuation during paid and unpaid leave, for up to 52 weeks, based on the person’s full-time equivalent, even for part-time staff.
    • This change lessens the impact on women’s superannuation over their lifetime and positively impacts their earning capacity, thus easing the retirement savings gap for women – thereby reducing the GPG.

Flexible working

Flexible arrangements such as remote work, flexible hours, and part-time options empower our people to effectively manage both professional and personal obligations, regardless of gender. This ensures women stay in the workplace and profession longer.

Diversity

Diversity and Inclusion is an integral part of our vision and strategy and can have significant impact on those in leadership roles, and therefore the GPG. Our Diversity and Inclusion strategy encompasses several areas.

We believe in creating an environment where all our people feel empowered, respected and appreciated for their skills and dedication. By fostering a culture of fairness and equality, we aim to attract, retain, and develop a diverse and talented workforce that drives innovation and success.

We understand that closing the GPG is an ongoing journey, we have more work to do, and we remain steadfast in our commitment to continuous improvement. Gender equality and pay equity is a top priority for our firm and should be for all Australian organisations.

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Deal profile | Gadens advises Civica on the acquisitions of LinkSafe and booka https://www.gadens.com/deal-profile-gadens-advises-civica-on-the-acquisitions-of-linksafe-and-booka/ https://www.gadens.com/deal-profile-gadens-advises-civica-on-the-acquisitions-of-linksafe-and-booka/#respond Thu, 25 Jan 2024 01:58:26 +0000 https://www.gadens.com/?p=9785 Gadens has advised Civica Pty Ltd (Civica) on the two recent acquisitions of Melbourne-based contractor management specialist, LinkSafe and cloud-based facilities management solution, booka. Civica is a global leader in public sector software solutions. The acquisition of LinkSafe adds a crucial capability to Civica’s global GovTech services, enhancing support for their clients in education, government, […]

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Gadens has advised Civica Pty Ltd (Civica) on the two recent acquisitions of Melbourne-based contractor management specialist, LinkSafe and cloud-based facilities management solution, booka. Civica is a global leader in public sector software solutions.

The acquisition of LinkSafe adds a crucial capability to Civica’s global GovTech services, enhancing support for their clients in education, government, and healthcare. LinkSafe’s cloud-based platform, utilised by over 500 organisations, aligns with Civica’s diverse sectors. This strategic move supports Civica’s commitment to advancing its GovTech offerings for customers and the citizens they serve.

Civica further strengthens its APAC local government services with a new cloud facilities management solution, booka. Currently supporting 4,300 stakeholders and managing 3,400 public sector assets, booka is cloud-based and will enhance Civica’s Authority Altitude platform, used by over 150 local authorities in Australia and New Zealand. The solution will also integrate with Civica’s suite of cloud-based GovTech solutions, reinforcing its commitment to providing comprehensive digital governance services in the APAC region.

Gadens has a long-standing relationship advising Civica on acquisitions as part of its investment and expansion strategy for Australia.

Lead partner on the acquisitions James Beckley, said: “It’s always a pleasure to work with the talented Civica deal team as they continue to add high quality businesses to their growing local portfolio and prove why they deserve to be a global leader in public sector software solutions.”

Practice groups: Corporate, Intellectual Property & Technology, supported by Workplace Advisory and Disputes and Real Estate.

Key team members: Lead partner James Beckley was supported by Dudley Kneller (Partner), Sinead Quigley (Senior Associate), Eve Lillas (Senior Associate), Nathan Koulouris (Associate) and Daniel Smith (Lawyer).

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Update | Gadens client ASIC secures penalties and disqualification orders against directors of Linchpin Capital Group https://www.gadens.com/update-gadens-client-asic-secures-penalties-and-disqualification-orders-against-directors-of-linchpin-capital-group/ https://www.gadens.com/update-gadens-client-asic-secures-penalties-and-disqualification-orders-against-directors-of-linchpin-capital-group/#respond Thu, 11 Jan 2024 06:05:26 +0000 https://www.gadens.com/?p=9780 By way of update to our article in April 2023 concerning the liability judgment in the Linchpin Capital Group (Linchpin) matter, judgment was handed down yesterday in the Federal Court by her Honour Justice Cheeseman following the penalty hearing in June 2023. Gadens assisted the Australian Securities and Investments Commission (ASIC) to obtain significant financial […]

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By way of update to our article in April 2023 concerning the liability judgment in the Linchpin Capital Group (Linchpin) matter, judgment was handed down yesterday in the Federal Court by her Honour Justice Cheeseman following the penalty hearing in June 2023. Gadens assisted the Australian Securities and Investments Commission (ASIC) to obtain significant financial penalty orders and disqualification orders following findings of serious breaches of duty by the directors.

Background

Gadens partner, Scott Couper acted for ASIC, supported by Tegan Harris (Director) and Craig Melrose (Senior Associate).

In ASIC v Daly [2023] FCA 290, ASIC obtained judgment against four officers of the responsible entity of the Scheme for the following breaches of the Corporations Act 2001 (Cth) (the Act):

  • failing to exercise care and diligence: section 601FD(1)(b);
  • failing to act in the best interests of the members of the Scheme: section 601FD(1)(c);
  • making improper use of the respondents’ position as an officer: section 601FD(1)(e); and
  • failing to take all steps to ensure that the responsible entity complied with the Act and the Scheme’s constitution and compliance plan: section 601FD(1)(f).

At the commencement of the trial three of the four respondents confirmed that they did not contest the relief sought by ASIC. The other respondent, Mr Daly, the former CEO of the Linchpin Capital Group, contested the relief sought by ASIC, was legally represented, and took an active part in the proceedings.

Mr Daly denied he was an officer of Endeavour during the Relevant Period, and contended ASIC’s claim against him was inadequately pleaded and that ASIC had not established a causative link between his conduct and contraventions of the Act. Mr Daly elected to exercise his privilege against exposure to a penalty and did not go into evidence. In short, he was unsuccessful on each of the defences raised.

Judgment – penalty

Judgment was handed down yesterday in the Federal Court by her Honour Justice Cheeseman following the penalty hearing in June 2023. Mr Nielson, Mr Williams and Mr Raftery did not contest ASIC’s case at trial and agreed to ASIC’s penalty submissions, including the pecuniary penalties sought and the periods of disqualification sought.

Mr Nielson and Mr Williams were each ordered to pay a $100,000 penalty and were banned from managing corporations for four years.

Mr Raftery was ordered to pay a $40,000 penalty and was banned from managing a corporation for three years.

Mr Daly, who contested ASIC’s case, was ordered to pay a $150,000 penalty and was banned from managing corporations for five years.

In considering the position of Mr Nielson, Mr Williams and Mr Raftery (the Submitting Respondents), her Honour considered a number of matters, including the following:

  • The penalties imposed must reflect the need for general and specific deterrence.
  • In considering that the agreed relief as between ASIC and the Submitting Respondents was an appropriate remedy, her Honour took into account that ASIC supported the agreed outcomes for each of the Submitting Respondents.
  • Although each of the Submitting Respondents showed some contrition by not contesting liability, they did not do so until shortly before the final hearing of the proceeding.
  • The Submitting Respondents’ belated agreement not to contest liability saved public resources in that ASIC was saved some expenses of proceeding against them.
  • The agreement reached between ASIC and each of the Submitting Respondents in relation to relief also saved public resources and also reduced the level of specific deterrence required.
  • Whereas here, there is agreement between the parties as to the relief, provided the Court is satisfied that the relief is an appropriate remedy, the Court will be slow to refuse to give effect to the terms of a settlement reached by consent.
  • The investors in the Registered Scheme have suffered significant harm.

In relation to the position of Mr Daly, her Honour took into account a number of matters, including the following:

  • Mr Daly evinced a propensity to blame others and not accept responsibility for his own actions.
  • While he expressed remorse that investors had lost money, he did not express contrition for his part in that outcome.
  • Notability missing from his affidavit evidence was an acknowledgement or acceptance that it was Mr Daly’s own conduct which contributed to the investors losing money. His regret is limited to the outcome of his conduct, and did not extend to an express acceptance that it was his conduct which led to that outcome. The conduct engaged in by Mr Daly was serious.
  • Mr Daly did not repay the loans improperly made to him until February 2023, by which time the liquidators of Linchpin had obtained default judgment against him and served a bankruptcy notice on him.
  • There is a risk that through his lack of insight and his lack of acceptance of responsibility for his actions that Mr Daly may engage in further contraventions in the future. The relief imposed must protect the community from such conduct.
  • The starting point for the Submitting Respondents was that for the reasons given, her Honour was satisfied that the relief agreed between ASIC and the Submitting Respondents was an appropriate remedy, in all the circumstances pertaining to each of the Submitting Respondents.
  • The starting point for Mr Daly was that he did not settle with ASIC. In his case, her Honour must come to a decision applying the established principles in relation to civil penalties based on instinctive synthesis to arrive at the appropriate penalty, accepting that there may be a range within which the appropriate penalty falls.
  • Mr Daly contested liability. While he is not to be punished for that, he is not entitled to receive the benefit that the Submitting Respondents received attendant on their having reached agreement with ASIC.
  • That Mr Daly did not accept his culpability by agreeing before the liability hearing that he was liable for the contraventions alleged against him reflects another factor in considering what is the appropriate penalty in his case.
  • The lack of remorse or contrition demonstrated by Mr Daly, assessed in light of his conduct as a whole, is relevant in that it suggests a higher penalty is warranted for the penalty to achieve the objective of specific deterrence.
  • Taking all of these matters into account, the critical factor is that there must not be unjustifiable disparity between the remedies agreed by the Submitting Respondents, and accepted as an appropriate outcome by the Court, and the relief granted against Mr Daly.
  • Taking into account all of these matters, as well as Mr Daly’s difficult personal circumstances and his financial position, it was appropriate to order that Mr Daly be disqualified from managing corporations for a period of five years and that he pay to the Commonwealth a pecuniary penalty in the sum of $150,000.

As discussed in our April 2023 article, this judgment demonstrates ASIC will hold to account directors who breach their duties. Further, the Courts will order appropriate and significant financial penalties and disqualify directors from managing corporations for significant periods of time. The case further demonstrates that ASIC will take action to protect investors in managed investment schemes.

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Media release | Gadens enhances Workplace Advisory offering, adding two partners to the team https://www.gadens.com/media-release-gadens-enhances-workplace-advisory-offering-adding-two-partners-to-the-team/ https://www.gadens.com/media-release-gadens-enhances-workplace-advisory-offering-adding-two-partners-to-the-team/#respond Thu, 21 Dec 2023 03:57:19 +0000 https://www.gadens.com/?p=9773 Gadens announces the further bolstering of its Workplace Advisory and Disputes practice, adding two partners to the ranks, with the lateral hire of Amanda Junkeer (Melbourne) and the promotion of William Marshall (Melbourne – effective 1 January 2024). Amanda Junkeer is an industrial and employee relations specialist, with over 20 years’ experience, previously holding roles […]

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Gadens announces the further bolstering of its Workplace Advisory and Disputes practice, adding two partners to the ranks, with the lateral hire of Amanda Junkeer (Melbourne) and the promotion of William Marshall (Melbourne – effective 1 January 2024).

Amanda Junkeer is an industrial and employee relations specialist, with over 20 years’ experience, previously holding roles in a leading national workplace relations practice as well as workplace relations in-house counsel roles in an ASX listed top 100 company and the not-for-profit sector. Amanda comes to Gadens from Moores, where she was the Practice Leader of the Workplace Relations team. Amanda’s key practice areas range from enterprise bargaining strategy, industrial disputation, payroll compliance remediation, complex award and enterprise agreement matters, managing disciplinary and termination processes, wage audits, and employment litigation. From regularly advising on complex employment matters, representing clients with the workplace relations regulator, managing compliance and remediation projects, and appearing in the Fair Work Commission for clients, Amanda’s experience speaks for itself.

William Marshall joined Gadens in 2021 as a Senior Associate in the Workplace Advisory and Disputes group. Will has extensive experience advising on employment law, employment litigation and industrial relations. Will works closely with HR and industrial relations advisors across all industries and sectors including the public sector, delivering timely and practical advice to his clients. He has a deep understanding of the need to deliver clear, practical and commercial solutions to the often complex legal issues in these areas of the law. Will has significant experience in undertaking and overseeing workplace litigation, including in relation to a range of publicly listed and large privately owned businesses.

Siobhan Mulcahy, Partner and Group Leader of the Workplace Advisory and Disputes group, said on the further growth of Gadens’ Workplace Advisory and Disputes team:

“We are thrilled to welcome Amanda to the firm and to have Will join the partnership, their expertise aligns seamlessly with our group’s mission to assist and advise our clients in the ever-evolving landscape of workplace law. Amanda is an experienced and talented industrial and employee relations lawyer who brings a wealth of experience to the firm. Will is an exceptional lawyer and mentor, providing invaluable guidance and support to our wider team progressing in their legal careers.

“This continued strategic expansion of our Workplace and Disputes Group is another exciting step for Gadens. Over the last 12 months, we have also welcomed two partners to our team in Sydney. With a growing team, we remain committed to delivering comprehensive, dynamic and modern workplace solutions to our clients.”

Gadens is also pleased to announce the recent lateral hire of three new partners: Jing Wang (Disputes and Investigations, Melbourne), John Kettle (Corporate, Sydney) and Kenneth Tang (Banking and Finance, Sydney).

With these strategic appointments and internal promote, Gadens is focused on meeting the growing demand from our clients across a range of sectors, particularly in the Sydney market. In addition to Jing Wang and John Kettle’s practice specialities, their appointments form part of our firm’s effort to expand our focus on foreign capital flows into Australia.

Commenting on the appointments, Mark Pistilli, Chief Executive Officer, says:

“These five new partners are exciting additions to the Gadens team. Amanda, Jing, John, Ken and Will each bring a specialised skillset to the firm, enabling us to meet growing client demand in key sectors and bolstering our cross-border capability.

“Jing and John will each head foreign desks designed to service inbound capital flows. As a truly independent firm with coverage over the whole of the country these additions make us an even better referral source for inbound investors and their offshore representatives.”

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Deal profile | Gadens advises 4DMedical on successful acquisition of US medtech company, Imbio and its accompanying institutional placement https://www.gadens.com/deal-profile-gadens-advises-4dmedical-on-successful-acquisition-of-us-medtech-company-imbio-and-its-accompanying-institutional-placement/ https://www.gadens.com/deal-profile-gadens-advises-4dmedical-on-successful-acquisition-of-us-medtech-company-imbio-and-its-accompanying-institutional-placement/#respond Mon, 18 Dec 2023 22:36:32 +0000 https://www.gadens.com/?p=9763 Gadens has advised 4DMedical Limited (4DMedical) on the acquisition US based Imbio Inc. Imbio is a recognised leader in lung and heart artificial intelligence (AI) driven technology and medical imaging. Imbio expands 4DMedical’s product offering by incorporating Imbio’s highly complementary suite of diagnostic products to help clinicians around the globe detect disease earlier, and make […]

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Gadens has advised 4DMedical Limited (4DMedical) on the acquisition US based Imbio Inc. Imbio is a recognised leader in lung and heart artificial intelligence (AI) driven technology and medical imaging. Imbio expands 4DMedical’s product offering by incorporating Imbio’s highly complementary suite of diagnostic products to help clinicians around the globe detect disease earlier, and make more robust diagnoses.

Gadens advised on all local aspects of the acquisition as well as the adjoining ~$35m capital raise.

Gadens is delighted to continue to support 4DMedical on their exciting growth journey having been successfully listed on the Australian Securities Exchange (ASX) in 2020.

Lead partner, James Beckley, said: “Alongside our US colleagues at Faegre Drinker Biddle & Reath, we were delighted to have again advised an ever determined and hard-working 4D team, to get this deal completed on an ambitious timetable. The acquisition becomes the cornerstone of 4DMedical ‘owning the lung’ and we’re excited about what the next 12 months has in store for the company.”  

Practice groups: Corporate/ECM

Value: >AU$50m

Key team members: Gadens partner James Beckley led on the acquisition with partner Jol Rogers advising on the accompanying institutional placement. The team was also supported by Peter Poulos (Partner), senior associates Gary Lim and Kaleb Cox, and lawyers Eylem Onal and Oma Murad.

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The Voice to Parliament | Gadens is committed to supporting First Nations peoples after No vote https://www.gadens.com/the-voice-to-parliament-gadens-is-committed-to-supporting-first-nations-peoples-after-no-vote/ https://www.gadens.com/the-voice-to-parliament-gadens-is-committed-to-supporting-first-nations-peoples-after-no-vote/#respond Sun, 15 Oct 2023 22:55:13 +0000 https://www.gadens.com/?p=9652 The Australian public has voted. Failing to meet a double majority, the referendum on the Voice to Parliament has resulted in a No outcome.

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The Australian public has voted. Failing to meet a double majority, the referendum on the Voice to Parliament has resulted in a No outcome.

This means that the Voice to Parliament will not be enshrined in Australia’s Constitution.

The immediate legal implications of this are that no new body will be established as proposed by the referendum, albeit that it is open to the Federal and State Governments to introduce a legislative mechanism similar to the Voice.

Otherwise, parliament and the government will continue to operate as they have. This means that representations on matters relating to Aboriginal and Torres Strait Islander peoples will continue to be sourced from existing avenues, such as advisory groups and representatives.

While it is legally allowed for the Albanese Government to propose another referendum on the Voice to Parliament at any time, this seems unlikely, at least in the short term and until there is broader support in the parliament and in the public that this is the most appropriate structure.

Gadens CEO, Mark Pistilli, has made the following statement:

This referendum was about the right mechanism to advance the interests of First Nations peoples and to close the gap. All sides, even the No campaign, acknowledged that Australia still has a long way to go on its journey towards reconciliation and it largely came down to a question of what the right way to do that is.

“While the Voice to Parliament will not be a part of Australia’s law-making, we can see a lot of work being done to find a replacement mechanism that will achieve what was hoped by some for the Voice.

“Gadens wants to be part of that search for the right mechanism. We remain committed to assisting First Nations peoples, and we will continue on our reconciliation journey. As part of that we will continue advocating for reconciliation, supporting the voices of First Nations peoples, and educating on the importance of an equitable, attentive, and representative legal system.

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News | Gadens appoints John Kettle to Melbourne and Sydney partnership https://www.gadens.com/news-gadens-appoints-john-kettle-to-melbourne-and-sydney-partnership/ https://www.gadens.com/news-gadens-appoints-john-kettle-to-melbourne-and-sydney-partnership/#respond Fri, 06 Oct 2023 02:15:29 +0000 https://www.gadens.com/?p=9640 Gadens announces that John Kettle has joined Gadens’ partnership in the Corporate team in Sydney, where he will lead our international group and energy and infrastructure practice.

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Gadens announces that John Kettle has joined Gadens’ partnership in the corporate team in Sydney, where he will lead our international group and energy and infrastructure practice.

John has over 25 years’ experience from Ireland, the UK, the EU and Australia in cross-border transactional and advisory work, energy and regulated industries. He has for a long time been a recognised leader in energy and other industry sectors and practices.

John frequently advises multinationals, significant Australian corporates and entrepreneurs, private equity and investment funds, corporate advisers, government, not-for-profits and international law firms and intermediaries on strategic matters concerning the Australian market, often in a ‘quarter-back’ role.

He is also one of three part-time members of the Australian Clean Energy Regulator, was formerly a board director of Elliott Green Power (Elliott Group’s Australian renewables portfolio from development through to divestment), has lectured on competition law at the University of Queensland and is a past Chair of the International Bar Association’s Public Law Committee. He is a frequent speaker and author on issues relevant to his practice interests.

John has a clear rationale for joining Gadens:

“I have always been ambitious for my clients and relationships, which is always best served by working with similarly aligned people. Gadens’ ambition aligns with my own in offering an independent and comprehensive national platform with established strengths in corporate, regulatory, financial markets, disputes and urban infrastructure.

“This geographic breadth and resilience will allow us to focus intently on what I believe will drive the Australian economy into the future – energy, digital business and infrastructure, enabling us to better support our clients.

“This is what we intend to do.”

Mark Pistilli, Gadens CEO, takes the view that John joining our Gadens Sydney office is one further step in Gadens’ ambition to be recognised as a leading Australian law firm: “In addition to leading in the local market, Gadens needs to understand and represent capital flows into Australia. John will help us connect with the sources of that capital, especially in sectors critical to Australia’s future economy. He is a high calibre lawyer who is recognised outside of Australia as well as within it, and we look forward to seeing the impact he can make in a bigger and broader reaching law firm.”

For any queries, please contact John Kettlejohn.kettle@gadens.com | +61 419 646 379.

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News | Outreach Trip – Arts Law Centre of Australia https://www.gadens.com/news-outreach-trip-arts-law-centre-of-australia/ https://www.gadens.com/news-outreach-trip-arts-law-centre-of-australia/#respond Thu, 28 Sep 2023 01:10:24 +0000 https://www.gadens.com/?p=9612 Recently Gadens expanded its pro bono partnership with Arts Law Centre of Australia by joining its Adopt a Lawyer Program. Through this program, Gadens has partnered with Arnhem and Northern Kimberley Artists (ANKA) Aboriginal Corporation, the peak support and advocacy body for Aboriginal artists and Aboriginal owned-community Art Centres in Western Australia and the Top […]

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Recently Gadens expanded its pro bono partnership with Arts Law Centre of Australia by joining its Adopt a Lawyer Program. Through this program, Gadens has partnered with Arnhem and Northern Kimberley Artists (ANKA) Aboriginal Corporation, the peak support and advocacy body for Aboriginal artists and Aboriginal owned-community Art Centres in Western Australia and the Top End of the Northern Territory.

Following on from the success of our first Outreach trip with Arts Law to Western Australia (read more here), and in light of this new partnership, Gadens Partner Alexandra Walker attended our second Outreach trip with Lawyer and Director of Artists in the Black, Donna Robinson and visited Numbulwar Numbrindi Arts and Ngukurr Art Centre in Arnhem Land, both member organisations of ANKA.

Photo: Numbulwar Numbrindi Arts Centre, Alexandra Walker

Photo: Numbulwar Numbrindi Arts Centre, Alexandra Walker

 

Photo: Numbulwar Numbrindi Arts Centre, Alexandra Walker

Photo: Numbulwar Numbrindi Arts Centre, Alexandra Walker

Donna and Alexandra met with local artists to discuss the importance of Indigenous Cultural & Intellectual Property (ICIP) to protect First Nations stories, language, culture and visual expression and conducted workshops to better inform artists on the application and limitations of existing intellectual property laws in protecting ICIP. Throughout their trip, Donna and Alexandra also assisted artists with the preparation of wills to assist artists in controlling their legacy and the distribution of assets when the time comes.

Mark Pistilli, Chief Executive Officer of Gadens, commented on Gadens ongoing relationship with Arts Law and its expansion to working with ANKA:

“One of our key strategies is to respect and connect with First Nations, which is why I am so delighted by the continued support our people provide to First Nations peoples and their communities.

We deeply value our partnership with Arts Law, which has helped in our decision to be the first law firm to partner with ANKA through Art Law’s Adopt a Lawyer Program.

Alex and many more of our talented lawyers are standing by to give legal support to ANKA and its artists, which will be our honour.

And of course I look forward to seeing more of the stunning pieces produced by those artists.”

Gadens is proud to continue partnering with Arts Law and we look forward to the start of this new pro bono partnership with ANKA.

For more information on Sustainability and Social Impact at Gadens, please see this link.

Photos: Numbulwar Coast, Gulf of Carpentaria, Alexandra Walker

Photos: Numbulwar Coast, Gulf of Carpentaria, Alexandra Walker

Photos: Ngukurr, Arnhem Land, Alexandra Walker

Photos: Ngukurr, Arnhem Land, Alexandra Walker

 

 

 

 

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Media release | Supreme Court clarifies vendors’ obligation to notify of surface level works https://www.gadens.com/media-release-supreme-court-clarifies-vendors-obligation-to-notify-of-surface-level-works/ https://www.gadens.com/media-release-supreme-court-clarifies-vendors-obligation-to-notify-of-surface-level-works/#respond Tue, 26 Sep 2023 04:26:44 +0000 https://www.gadens.com/?p=9604 On 21 September 2023, the Supreme Court of Victoria confirmed that vendors have an express and ongoing obligation under off-the-plan contracts to notify purchasers of works affecting the natural surface level of the lot. The judgment, Asia Digital Investments Pty Ltd v Mara Dextra Pty Ltd [2023] VSC 565, concerns the off-the-plan sale of land […]

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On 21 September 2023, the Supreme Court of Victoria confirmed that vendors have an express and ongoing obligation under off-the-plan contracts to notify purchasers of works affecting the natural surface level of the lot.

The judgment, Asia Digital Investments Pty Ltd v Mara Dextra Pty Ltd [2023] VSC 565, concerns the off-the-plan sale of land in Portsea, and specifically considers whether the vendor in this case failed to comply with its disclosure obligations under the Sale of Land Act 1962 (Vic) (the Act).

Gadens acted on behalf of the plaintiff purchaser, Asia Digital Investments Pty Ltd, who claimed that the vendor defendant, Mara Dextra Pty Ltd, failed to appropriately disclose details of works after the day of sale affecting the natural surface of the land.

Associate Justice Ierodiaconou held that the ‘real issue’ in dispute is whether the vendor met its disclosure obligations under the Act, and in particular whether the vendor’s purported disclosure was made:

  1. to the purchaser;
  2. as soon as practicable; and
  3. with the requisite details.

Ierodiaconou AsJ noted this dispute ultimately concerned ‘questions of statutory construction’, finding in favour of the purchaser and holding that the contracts of sale had been validly rescinded under the Act.

Andrew Kennedy, partner, said of the judgment:

“The decision is a reminder to all developers and their legal representation that there is a positive, ongoing obligation of disclosure in relation to changes to surface area pursuant to the Sale of Land Act. Failure to disclose as soon as practicable can create a circumstance where a purchaser may be able to rescind a contract of sale.”

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