We negotiate all the time in our jobs, businesses, daily activities and personal lives. Negotiation is the process of using information and power, to affect another person’s behaviour, “within a web of tension” (1). Negotiation is not an event, but a process. Through negotiation we seek to act and behave in such a way as to build trust with our counterparty. Each of us has certain, unique needs which we seek to harmonise so as to resolve a dispute or otherwise achieve an outcome involving another party. The 3 elements of any negotiation are:
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Phew - annual Performance Reviews done! This is an often heard at this time of year. Unfortunately, performance management and annual or bi-annual reviews instill dread in both the employee and managers tasked with conducting performance reviews. However, despite the angst and stress that accompanies performance reviews, not much else is achieved as a result of the review, other than to tick the relevant box stating they have been done. This surely cannot be the purpose of performance reviews.
21 Jul 2017
New ability to challenge Commonwealth procurement decisions: the Government Procurement (Judicial Review) Bill 2017
Disappointed suppliers currently face an uphill climb if they wish to challenge the outcome of a Commonwealth procurement process, even if they suspect that the process may not have complied with the ]]>Commonwealth Procurement Rules]]> (CPRs). This may be about to
13 Jun 2017
On 16 March 2017, in proceedings between the Australian Transaction Reports and Analysis Centre (AUSTRAC) and three Tabcorp Group companies (Tab Ltd, Tabcorp Holdings Ltd and Tabcorp Wagering (Vic) Pty Ltd), the Federal Court ordered the Tabcorp Group companies to pay a civil penalty of $45 million in respect of contraventions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) between 2010 and 2015. The order gives the Court’s approval to the settlement negotiated between AUSTRAC and Tabcorp earlier this year. The penalty imposed is apparently the largest ever corporate penalty imposed in Australia.
3 Apr 2017
Mandatory reporting for privacy breaches Andrea Beatty and Gabor Papdi KEYPOINT LAW Mandatory data breach notification appears to be inevitable. A Bill to amend the Privacy Act was recently introduced into the Parliament. The notification regime it seeks to impose is not materially different from the present voluntary notification scheme, but its mandatory nature should motivate entities to improve data security so as to prevent data breaches and thereby avoid the notification obligations.
28 Feb 2017
Case note and commentary: Privacy Commissioner v Telstra Corporation Ltd  FCAFC 4 (Grubb case)
Case note and commentary: Privacy Commissioner v Telstra Corporation Ltd  FCAFC 4 (Grubb case) Andrea Beatty, Gabor Papdi and Emma Zirkel, KEYPOINT LAW Date: 19 January 2017
28 Feb 2017
At some stage, most businesses will be subjected to some form of tax audit by the Australian Taxation Office (ATO). While these audits can be distracting from business, time consuming and frustrating (and sometimes all three), there are ways to minimise the inconvenience and bring the audit to a just and fair conclusion.
16 Dec 2016
Australia signed the Convention providing for Uniform Law on the form of an International will in 1973. The Convention came into force on 10 March 2015 and provides for uniform validity requirements for “international wills” which are then recognised as valid in other countries who have acceded to the Convention. The main benefit of laws to harmonise wills across international boundaries, is to resolve any conflict of laws in this area and enable a testator to make a single will that is valid across multiple jurisdictions.
10 Dec 2016
In the insolvent trading case of Akron Roads, the High Court decided that the liquidators could join to the proceedings, the insurer of one defendant also in liquidation and another defendant facing bankruptcy. This was permitted in the absence of a direct claim against the insurer because of the legal consequences of s 562 of the Corporations Act. It preserves insurance proceeds for the benefit of any third party whose claim is covered by the policy. In Akron Roads, with the corporate defendant being in liquidation, s562 would preserve any insurance proceeds for Akron as third party.
1 Dec 2016
Keypoint Law Successful in Remuneration Application Keypoint Law’s Michael Rozdal acted for Ferrier Hodgson in a recent application to the Supreme Court for the approval of the remuneration of John Melluish and Morgan Kelly, and their staff at Ferrier Hodgson, for work performed during the liquidation of two companies.
7 Nov 2016