191-200 of 368 results
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 ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Court enforces four-year restraint
A court has enforced a four-year restraint of trade clause in a business sale contract, preventing a part-time employee from taking up employment with a competitor after selling his stake in the business. ...
More certainty for foreign corporations under Alien Tort Claims Act
Since a landmark decision has narrowed available claims against defendants under the Alien Tort Claims Act for alleged violations of customary international law US courts have sought to clarify exactly what geographical connection is required to justify a claim against corporate defendants Partner ...
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. ...
Update on the new costs rules in the Queensland Planning and Environment Court
A recent Queensland Planning and Environment Court decision sheds light on the application of the new rules for awarding costs following a trial Special Counsel Rosanne Meurling and Lawyer David Thorpe consider the recent judgment and provide an update regarding the implications for parties to ...
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. ...
Investor-State dispute settlement under the Korea-Australia Free Trade Agreement
In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses ...
Asia Pacific international arbitration update
We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...
Vendor's IM - Get it wrong, pay the damages bill
A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...