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Asia Pacific international arbitration update
We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...
Material adverse change
In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...
Emissions Reduction Fund Exposure Draft Legislation Released
The Federal Government has released exposure draft legislation for the establishment of its proposed Emissions Reduction Fund Partner Grant Anderson and Lawyer Albert Yu report ...
Federal Court - another arbitration-friendly decision
In a recent decision the Federal Court dismissed an application to set aside an arbitral award rendered in Australia on the basis that it breached the rules of natural justice In doing so the courts decision recognised the limited scope of the grounds upon which an award can be set aside under ...
Green Bonds have come to town
Green Bonds have been part of the international capital markets landscape for some time and recently the World Bank announced the first A Green Bonds to be issued into the Australian debt capital market If developments in the European Green Bond market are a good indicator there is potential for ...
High Court rules mining leases and native title can co-exist
The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...
The Rolls-Royce bribery case and its implications in Australia
A Deferred Prosecution Agreement in the United Kingdom which will see the Rolls-Royce company pay more than 500 million to settle charges of foreign bribery is the most significant UK DPA to date It is likely to influence the approach and expectations of the Australian Government and law enforcement ...
Road map to anti-money laundering and counter-terrorism financing reform
The Federal Attorney-Generals Department has released its draft Project Plan for the implementation of the wide-ranging recommendations arising from the recent statutory review of Australias anti-money laundering and counter-terrorism financing regime Partner Peter Haig Associate Andrew Shetliffe ...
An opportunity for greater certainty for class action defendants
Class action settlement negotiations are often hindered by uncertainty about the number and identity of potential claimants A recent decision of the Supreme Court of NSW has paved the way for defendants to achieve greater certainty in respect of unregistered class members at an earlier stage than ...
Class actions in Australia
Class actions are an established and important part of the Australian legal landscape In recent years Australia has become the most likely jurisdiction outside of the United States in which a corporation will face significant class action litigation ...