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Impact of COVID-19 on derivatives
COVID-19 will have a range of impacts on over-the-counter derivative transactions. We set out below some key documentation issues arising as a consequence of COVID-19 and our practical tips. ...
Contract law update 2019
'fetter doctrine' is the ability to enter into enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers. ...
Contract law update 2019
Contracts often contain detailed provisions prescribing how parties must perform their obligations or exercise their rights under it. Frequently, such provisions are not strictly complied with. There will often then be a dispute about the consequences of that non-compliance. ...
Impact of COVID-19 on corporate financing transactions
An analysis of the practical implications of COVID-19 on corporate financing transactions and a summary of some key documentation issues that arise because of this global issue, along with tips to address them. ...
Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185
The NSW Court of Appeal in Donau Pty Ltd has considered how long a party's right to terminate a contract lasts following a breach by the other party and the implications this has for the doctrine of election. ...
Mann v Paterson Constructions Pty Ltd [2019] HCA 32
In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...
Visual Building Construction Pty Ltd v Armistead (No 2) [2019] NSWCA 280
In this case, the New South Wales Court of Appeal considered when a contract is validly terminated if the termination clause provides for termination if a remediable breach is not remedied within a set timeframe. ...
Two safe harbours for the storm of COVID-19
The COVID Safe Harbour will provide useful immediate relief for companies and their directors, particularly those who need time to assess the company's position before developing a turnaround plan or pursuing an insolvency administration if that becomes necessary. ...
Impact of COVID-19 on superannuation
Like all industries, the superannuation industry is facing some immense challenges in light of the rapidly developing COVID-19 pandemic. This Insight considers some of the more topical issues the industry is facing ...
Contract law update 2019
The ability to enter into, and enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers (known as the 'fettering doctrine'). ...