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Contract law update 2019
Insight 26 Mar 2020

There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...

Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
Insight 26 Mar 2020

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. ...

Easing of COVID-19 restrictions prompts return to work planning
Insight 02 Jun 2020

States and territories have recently eased the restrictions on business closures and public gatherings, prompting a wave of return to work planning. However, businesses need to be aware of a variety o ...

QLD: Safety reforms
Insight 12 Jun 2020

The Queensland Parliament has passed the Resources Safety and Health Queensland Act 2020 (Qld) (RSHQ Act), which when it comes into effect on 1 July 2020, will change the State's regulatory framework for health and safety in the resources industry. ...

Nucleus corporate law developments: rapid legal and regulatory responses to COVID-19; ASIC consults on pre-IPO relief for voluntary escrow and pre-disclosure communications; ACCC outlines enforcement priorities for 2020; and other corporate law developments
Insight 06 Apr 2020

Rapid legal and regulatory responses to COVID-19; ASIC consults on pre-IPO relief for voluntary escrow and pre-disclosure communications; ASX compliance update; FIRB flags potential fee refunds for COVID-19 application withdrawals; and ACCC outlines enforcement priorities for 2020 and permits coordination to respond to COVID-19. ...

Takeover response in a COVID-19 environment: it's about being prepared
Insight 09 Apr 2020

COVID-19 continues to impact ASX-listed entities across all sectors. Among others, market volatility and uncertain business conditions have made M&A challenging in the immediate term.  ...

Unilaterally reducing an employee's hours may create a redundancy pay liability
Insight 08 Jul 2020

If you propose to significantly reduce an employee's hours of work, you should carefully take this decision into account. If the same circumstances exist, the employee may be entitled to a redundancy payment, even though the employee remains employed by the same employer. ...

Continuous disclosure during COVID-19: shining the spotlight on earnings and debt
Insight 06 Apr 2020

In its latest compliance update, ASX reiterated that entities in financial difficulty (including with respect to their debt arrangements) will receive no special treatment. On earnings guidance, it was acknowledged that many listed entities have taken the opportunity to withdraw guidance issued before the outbreak of COVID-19. ASX also strongly encouraged entities to review their published guidance in light of COVID-19 and to either update it if it was not current or withdraw it in this highly uncertain climate. ...

Defamation in the digital age – beware of social media comments
Insight 24 Jun 2020

The NSW Court of Appeal has recently reaffirmed the ruling that administrators of public Facebook pages can be held liable as publishers of comments posted to their pages by members of the public. ...

Sachin hits Spartan for six
Insight 24 Jun 2020

The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...

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