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The new Hague Rules on Business and Human Rights Arbitration – effective remedy or strange chimera?
Insight 10 Feb 2020

The recently launched Hague Rules on Business and Human Rights Arbitration are an innovative framework for the resolution of business and human rights disputes through international arbitration. We look at how they operate and why companies might elect to arbitrate under the new regime. ...

COVID-19 and continuous disclosure: how you get ready
Insight 10 Mar 2020

It is critical that listed entities understand how COVID-19 is likely to impact their businesses and are prepared to make necessary disclosures to the ASX. To date, the majority of ASX-listed entities have not made any disclosure in relation to COVID-19. In this update we have set out a number of scenarios that should be considered by listed clients as part of the proper and ongoing assessment of the need for disclosure under the ASX Listing Rules. ...

Impact of COVID-19 on corporate financing transactions
Insight 23 Mar 2020

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. ...

In Touch: industry cooperation and collaboration during a pandemic; ACCC merger reviews; and obligations regarding cancelled orders and events
Insight 24 Mar 2020

Industry collaboration in a time of coronavirus; ACCC grants urgent interim authorisations to banks and supermarkets to cooperate during pandemic; COVID-19's impact on the speed of ACCC merger reviews and the issues the ACCC will consider in distressed sales; your obligations regarding cancelled events and orders; promoting goods and services during the pandemic; and the ACCC's Scamwatch on high alert. ...

PE Horizons 2020
Insight 05 Mar 2020

Record levels of capital and a turning market for Australia. It's a new decade for private equity (PE) in Australia. After a drop in activity in 2019, we expect both buyside and exit activity levels to pick up considerably in 2020. ...

Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185
Insight 26 Mar 2020

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. ...

El Ali v Tritton [2019] NSWCA 111
Insight 26 Mar 2020

In this case, the NSW Court of Appeal considered the date of the assessment of damages and whether the loss the respondents suffered was too remote. ...

JPA Finance Pty Ltd v Gordon Nominees Pty Ltd [2019] VSCA 159
Insight 26 Mar 2020

In JPA Finance Pty Ltd v Gordon Nominees Pty Ltd [2019], the VSCA l considered whether the termination notice requirements in an option deed required strict, as opposed to substantive, compliance. ...

New Standard Energy PEL 570 Pty Ltd & Anor v Outback Energy Hunter Pty Ltd & Anor [2019] SASCFC 132
Insight 26 Mar 2020

In this case, the Full Court of the Supreme Court of South Australia considered the scope and nature of a change of control clause providing that a party's prior written consent 'will not be unreasonably withheld'. ...

Tokio Marine & Nichido Fire Insurance Co Ltd v Hans Bo Kristian Holgersson trading as Holgersson Complete Home Service [2019] WASCA 114
Insight 26 Mar 2020

Court of Appeal of Western Australia considered the extension of an insurance policy to a building-project subcontractor who was neither a party to the insurance contract nor mentioned by name in the policy. ...

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