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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. ...
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. ...
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'). ...
Contract law update 2019
There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...
Allens advises syndicate of lenders to gold miner Resolute on US$300m debt refinancing
The facility will be used to repay the US$63 million secured project loan facility from Taurus Funds Management Limited, which funded the initial construction of the Mako Gold Mine in Senegal and ...
Queensland's new regulatory framework for safety in the resources industry
Queensland Parliament has passed legislation that, when it comes into effect on 1 July 2020, will change the state's regulatory framework for health and safety in the resources industry. ...
Contract law update 2019
A recent WA Court of Appeal decision illustrates the difficulties for a party in avoiding the literal meaning of a contract in the absence of ambiguity or absurdity ...