131-140 of 780 results
Dispute Resolution Boards: appointing DRB members and encouraging the diverse next generation of board members
In this Insight, we discuss the contractual structure governing the appointment of DRB members, how members are usually appointed, and possible modifications to the appointment process to reduce barriers for new entrants and increase the diversity of candidate pools and, consequently, DRBs. ...
In Touch: ACCC to monitor domestic airlines; Qantas refunds for flight cancellations; High Court appeal for Pacific National/Aurizon decision; and other developments
ACCC to monitor domestic airlines; Qantas offers refunds for flight cancellations; High Court appeal for Pacific National/Aurizon decision; wine grape contract terms under scrutiny; new research on consumer understanding of electricity offers; and ACCC authorises coal producers to negotiate collectively ...
The WTO decision against Australia – what the law on paper might mean in practice
At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...
Comply or say bye to your franchise!
With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...
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 ...
Court enforces four-year restraint
A court has enforced a four-year restraint of trade clause in a business sale contract, preventing a part-time employee from taking up employment with a competitor after selling his stake in the business. ...
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
Double recovery as a challenge to the enforcement of an arbitral award
The Victorian Court of Appeal has refused an application for leave to appeal against the enforcement of an arbitral award The applicants applied for leave to appeal on the basis that enforcement of the award would be contrary to public policy as it would give effect to double recovery by the ...
ASIC recommends tougher corporate penalties
The ASIC Enforcement Taskforces latest consultation paper pushes for a tougher penalty regime for corporate and financial sector misconduct which has been key focus of the Taskforces Terms of Reference and indeed of ASICs reform agenda for some time Partner Belinda Thompson Senior Associate Michela ...
Supreme Court of WA sends EPC contractor back to arbitration
In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd the WASC had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement ...