161-170 of 307 results
Shareholder 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 This evolution has been facilitated by recent ...
Security of the Cape Preston port affirmed in appeal decision
The FCACFC decision in Mineralogy affirms that commercial agreement terms between parties can be impacted by later agreements between those parties and by state agreements, and emphasises the care commercial drafters need to take. ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Full Court dismisses Port of Newcastle access appeal
The Full Federal Court has dismissed the Port of Newcastles application for review of the Australian Competition Tribunals decision to declare the Ports shipping channel service under the National Access Regime The Full Courts decision confirms the interpretation of the current declaration criteria ...
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
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 ...
High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...
Penalties: The final word
The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...
You've got to be perfected - Equipment leasing and the PPSA
A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...