161-170 of 218 results
The latest from the High Court on contractual interpretation
A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...
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 ramifications of a Facebook rant
The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...
Land tax recovery - no, yes, no again
The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...
Damages for employer's repudiation of employment contract
The Victorian Supreme Court has awarded Mr Loone, a Managing Principle with Crowe Horwath Australia, $423,445 in damages after a repudiation of his employment contract by his employer. ...
Court finds PZ Cussons spotless in alleged laundry detergent cartel
Allens acted for PZ Cussons in successfully defending the first contested hub and spoke cartel case brought by the ACCC ...
Clarity on what constitutes a misleading consumer guarantee representation
A recent Full Federal Court decision has provided welcome clarity on what constitutes a misleading consumer guarantee representation. ...
US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
In a decision on human rights litigation that has important consequences for business a divided US Supreme Court has held that foreign corporations will not be held liable in suits brought under the Alien Tort Statute Partner Rachel Nicolson Associate Shamistha Selvaratnam and Graduate Calypso ...
Are your employees entitled to unpaid family and domestic violence leave?
All modern award-covered employees, including casual employees, are now entitled to a new form of leave to deal with family and domestic violence. ...