3601-3610 of 3616 results
Strangers no more - Taking action against an insolvent defendant's insurer
The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...
Polluter pays principle in action
In a recent decision of the Victorian Supreme Court a Melbourne municipal council was held liable to compensate a landowner for the costs that were incurred by the landowner in the course of complying with a clean-up notice issued under the Environment Protection Act 1970 Vic despite the pollution ...
Distressed debt M&A - share transfers without a scheme
The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...
Decision confirms limits on general meeting shareholder activism
A recent Federal Court of Australia decision has reaffirmed that a companys board of directors has the primary role in managing a company and that there are limits on shareholders legal ability to control that management Partner and Co-Leader of Allens Head Office Governance team Greg Bosmans and ...
Room to move in joint operating agreements
The Western Australian Supreme Court of Appeal has handed down its decision in Apache v Santos allowing the appeal by Apache and overturning the first instance decision The Appeal Courts decision has important implications for the interpretation of joint operating agreements and the ability of ...
Practical pitfalls and the sacrosanct limitation of liability clause
Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...
Workplace Relations
Workplace Relations: We look at an adverse action case; why a redundancy doesn't constitute a termination; the importance of a consistent process to deal with workplace bullying; the fairness of a dismissal for failing workplace drug tests; and preventing an employee going to work with a competitor ...
Employment Law
This Insight examines the latest developments in employment law ...
Employment Law
In this issue we look at how redundancies can breach enterprise agreement provisions whether union officials can exercise their right of entry entitlements before or after work reasonable notice terms in employment contracts and the processes a labour hire company should follow before dismissing an ...
Queensland foreign stamp duty surcharge - relief guidelines issued
New relief guidelines have been issued on Queensland's foreign stamp duty surcharge ...