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Nucleus corporate law developments: rapid legal and regulatory responses to COVID-19 continue; ASX updates temporary COVID-19 class waivers and issues guidance on cancelling dividends; ACCC develops code of conduct for digital platforms and media companies; interim Home Loan Pricing Inquiry report released; and other corporate law developments
Insight 07 May 2020

Rapid legal and regulatory responses to COVID-19 continue; ASIC shifts regulatory and enforcement focus; ASX updates temporary COVID-19 class waivers and issues guidance on cancelling dividends; FIRB releases new compliance-related guidance notes; ACCC develops code of conduct for digital platforms and media companies and releases interim Home Loan Pricing Inquiry report; and temporary amendments made to Fair Work Act and modern awards. ...

New guidance on planning agreements
Insight 04 May 2020

On 15 April 2020 the NSW Government announced two significant developments – a review by the Productivity Commissioner and some more immediate 'system improvements' to be instituted by the Department of Planning, Industry and Environment. ...

Report: National Electricity & Gas Rules Update: April 2020
Insight 06 May 2020

In this update we summarise the progress of existing rule change requests across April 2020 and take a closer look at the ESB's discussion paper on the benefits and opportunities of moving to a two-sided wholesale market. ...

Mann v Paterson Constructions Pty Ltd [2019] HCA 32
Insight 26 Mar 2020

In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...

Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
Insight 26 Mar 2020

In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...

Contract law update 2019
Insight 26 Mar 2020

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
News 26 Mar 2020

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 ...

Allens advises Wesfarmers on ESG-incentivised $400m loan
News 11 Mar 2020

The debt facility is linked to Wesfarmers' progress on two internal Environmental and Social Governance ( ESG ) targets – to reduce carbon emissions in its chemical operations and ambitious targets ...

Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
Insight 26 Mar 2020

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
Insight 26 Mar 2020

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 ...

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