2501-2510 of 4376 results
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. ...
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. ...
First prosecution for breach of new Heavy Vehicle National Law chain of responsibility duties
The National Heavy Vehicle Regulator (NHVR) has commenced its first prosecution into duty holders under the new chain of responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL), which has been adopted in all states and territories (other than Western Australian and the Northern Territory). ...
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. ...
Private equity update – PIPE deals with ASX-listed companies
The COVID-19 pandemic has had a significant impact on global equity markets, with falls of a speed and magnitude not seen since the global financial crisis. The impact of the virus has been compounded by rapid falls in global oil and gas ...
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. ...
Fair Work Commission agrees to vary the Clerks Award in light of COVID-19
On Saturday 28 March 2020, the Fair Work Commission introduced temporary changes to the Clerks – Private Sector Award in response to the impacts of COVID-19 on clerical and administrative employees. An employer can now agree (in writing, including by email) with an individual employee to reduce the employee's hours (including by more than 25%) or to move the employee temporarily from full-time to part-time hours of work, and reduce their pay proportionately. ...
FWC considers unfair dismissal procedural requirements
The Full Bench of the Fair Work Commission (FWC) has ordered a case be reheard after it was found that adequate consideration was not given at first instance to whether a dismissed employee had been notified of, and given an opportunity to respond to, a valid reason for his dismissal. ...
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. ...