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Linklaters Insights: Novel Coronavirus - practice guide of significant commercial and legal issues
The recent outbreak of the novel coronavirus is causing disruption across greater China and the region. This cross-practice guide from our colleagues at Linklaters highlights key issues that may affect business operations in the current environment. ...
Major proposed changes to Queensland resources law – the environmental and commercial implications
New legislation will, if passed, introduce a suite of reforms aimed at mitigating the risks of Queensland resources projects not being rehabilitated, which also have major implications for the sales of such projects. The changes' wide-ranging impact includes tighter criteria for tenement applicants and transferees, and introducing an ability for tenement conditions to be adjusted following a change of control of tenement holders. In particular, potential tenement applicants and purchasers should consider initial due diligence on people and entities that may be considered their associates, so they are prepared to defend any decision in relation to potential disqualification. ...
Mortgage broker best interests duty
This insight exams ASIC's proposals on on the new mortgage broker best interests duty. A new duty has been created for mortgage brokers to act in the best interests of consumers where there is a conflict when providing credit assistance. ...
PNG proposes a new regime for arbitration
Papua New Guinea has proposed a new regime for domestic and international arbitrations: the Arbitration Bill 2019. If enacted, it has the potential to provide greater certainty for arbitrations in PNG, and the recognition and enforcement of arbitral awards within PNG. ...
Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...
Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
In this case, the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to rescind ...
Searle v Commonwealth of Australia [2019] NSWCA 127
In this case, the NSWCA considered the nature and extent of the doctrine that a government or public authority may not fetter the future exercise of discretionary powers reposed in the executive or a public authority. ...
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
'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
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 ...


