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Tesseract v Pascale - Proportionate liability in arbitration
The High Court's recently handed-down judgment in Tesseract International Pty Ltd v Pascale Construction Pty Ltd  has significant implications for parties subject to existing arbitration agreements and considering it as a mode of dispute resolution in future contracts. ...
Preparing for voluntary standards and mandatory legislation: a deep dive into Australia's evolving AI regulatory landscape
Over the past few weeks, the Australian Government has published a series of standards, proposals and policies which foreshadow the principles likely to be adopted in mandatory AI legislation once introduced. ...
Vietnam Legal Update: New Law on Bankruptcy to take effect in January
Vietnams new Law on Bankruptcy will take effect from 1 January 2015 bringing in a number of changes including a new definition of bankruptcy Partner Robert Fish and Junior Associates Giang Quang Nguyen and Linh Nguyen look at the most significant features of the new law and note what will differ ...
Short on solutions for a growing problem
The Financial System Inquirys interim report devotes a lot of space to superannuation but doesnt have a great deal to say What is missing from the report is any vision for a retirement income system and it is hard to see how the FSI will bring about any significant changes It is also hard to see ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
Recent UK money laundering decision
In this Insight, we explain how this decision is relevant to Australian companies, in demonstrating how proceeds of crime laws may provide rightsholders and activists with an additional lever for seeking company engagement on tackling modern slavery (and, potentially, other human rights issues). ...
Spotting hurdles in the race to market Australian funds in Asia
The introduction of the Asia Region Funds Passport ARFP has been in the works for some time The ARFP was one of the recommendations coming out of the 2009 Johnson Report and aims to provide a basis for cross-border marketing of managed funds in the Asia region While there has been a tendency to ...
Expert review into fees and costs disclosure - further changes ahead
Many of you will be familiar with the long and tortured history of fees and costs disclosure regulation in Australia. The most recent set of issues can be traced back to 2014 when ASIC tried to address what it considered to be gaps in and inconsistent application of the former regime ...
Allens advises China Construction Bank on Pacific Hydro acquisition financing
Allens has advised China Construction Bank Corporation, Sydney Branch on two syndicated facilities of approximately A$1 billion and US$1.7 billion to fund the acquisition of Pacific Hydro and other ...
High Court affirms utility of disclaimers in limiting producers' duty of care
In a recent decision with ramifications for producers' and manufacturers' class action risk, the High Court has found that a sorghum seed producer, Advanta Seeds, was not liable to growers for economic loss resulting from their purchase of contaminated seed bags. ...