181-190 of 518 results
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. ...
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. ...
A multi-million dollar question – aggregating claims in class actions
The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited1 that, under the terms of a civil liability insurance policy, each Class Member Registration For ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
Awakening a sleeping giant: the growing authority of Australia's carbon market regulator
The enforcement powers of the Clean Energy Regulator (CER) continue to expand, and these developments have implications for numerous stakeholders across the energy, resources and carbon market sectors and beyond. ...
Embedding ESG
Embedding environment, social, and governance (ESG) principles in day-to-day business practices is crucial for organisations aiming to address sustainability concerns and to manage their ESG risks. ...
It's riskier not investigating – why your organisation must confront serious allegations
This Insight examines the risks of not investigating allegations of misconduct and sets out some ways you can gauge whether your company is set up to adequately investigate serious allegations. ...
Safeguard 2.0—managing risk under Australia's new carbon scheme
With Australia's revamped baseline-and-credit carbon trading scheme, the Safeguard Mechanism (starting on 1 July 2023), many of Australia's large emitters—and their investors, financiers and customers—are grappling with how to comply with the scheme and manage carbon risk. ...
Recommendations for reform of Australia's Modern Slavery Act
The recommendations for reform of Australia's Modern Slavery if adopted, will mark a substantial strengthening in Australia's efforts to combat modern slavery, as well as more onerous due diligence and reporting requirements for companies caught by the regime. ...
Protection of cultural heritage and FPIC
As part of the increasing focus on Environmental, Social and Governance (ESG) in Australia and overseas, there is a spotlight on the principle of 'free, prior and informed consent' (FPIC) in the context of Indigenous engagement and protection of cultural heritage. ...