Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...

Corporate mergers and acquisitions commonly involve changes to entities that comprise a corporate group the holding of property within that group and the ultimate beneficial ownership of that group Even if those changes occur entirely outside Australia Australian landholder duty may be payable and ...

A recent Victorian Supreme Court decision has resolved a disputed construction of a major shareholder exclusion in a DO policy in the insurers favour after considering the broad commercial purpose of these provisions Partner Andrew Maher and Law Graduate Shelley Drenth report ...

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

In this edition we look at the Federal Governments proposed Country of Origin Labelling that may be rolled out next year the impact on food producers of the broader reach for the health claims standard how ACCC proceedings and a new enforcement guide will give producers and consumers a clearer ...

The Federal Government has taken the first step in fulfilling its promise to introduce a mandatory data breach notification scheme Under an exposure draft of the proposed legislation companies will be required to notify the Office of the Australian Information Commission and affected individuals of ...

Following public consultation on proposed examination guidelines issued on 16 October 2015 the Commissioner of Patents has established a revised examination practice taking into account the High Courts decision in emDArcy v Myriad Genetics Incem Dr Trevor Davies Partner at Allens Patent amp Trade ...

ASIC has released a consultation paper about client review and remediation programs to address client losses because of adviser misconduct Partners Michelle Levy and Malcolm Stephens look at what ASIC says a licensee should do if they identify systemic misconduct by advisers providing personal ...

In this issue we look at sham contracting arrangements gambling addiction as a possible protected attribute under anti-discrimination law who is liable for costs associated with bullying claims a failed general protections claim when a lawful direction will be deemed reasonable and employers ...