In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...

The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...

This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...

Perhaps the biggest issue dealt with in the superannuation hearings is how various forms of conflicts create perverse incentives for trustees to not comply with their duties. ...

In this Insight, we look at the challenge posed by the Aviation Green Paper (the Paper) for the Australian aviation sector to lead the transition to net zero. Released on 7 September 2023, the Paper o ...

AirTree Ventures led the $12 million Series A round alongside new and returning investors, including Salus VC, Y Combinator, In-Q-Tel, David Harding and Steve Baxter. 'We are very pleased to have h ...

In this insight, we analyse the new debt deduction creation regime and discuss its potential implications. ...

IP Australia recently released new guidance on how to classify trade mark goods and services that relate to the emerging technologies of virtual goods, the metaverse, non-fungible tokens (NFTs) and blockchains. We outline how the guidance may be relevant to your business and also provide some practical suggestions for dealing with applications and registrations affected by it. ...

This Insight sets out practical tips on achieving best practice communications between principals and superintendents in order to avoid any perception of bias, and summarises recent case law on the consequences of failing to heed this guidance. ...

LMS Energy is the country’s largest landfill gas operator, with 36 biogas-to-energy facilities, 26 biogas flaring facilities and six solar projects. It focuses on emission reduction through the ...