211-220 of 460 results
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...
Post-election class action reform: easing the pressure on litigation funders
Several recently enacted and proposed reforms to the class action regime hang in the balance following the change of government in the 2022 Federal Election. ...
A twist in the road for auto class actions
This Insight summarises our key takeaways from the decision and includes our reflections on the implications for the class action risk facing automakers. ...
Reminder – AUSTRAC compliance reports are due
With 2022 now in full swing and the due date for AUSTRAC compliance reports just around the corner (on 31 March 2022), we take a look at some recent changes to the form and how they will affect reporting entities. ...
ASIC's review into responsible entity governance
In ASIC's 2021-2025 corporate plan published in August last year, ASIC identified the governance of managed investment schemes and responsible entities as an area of focus to reduce the risk of harm to investors exposed to poor governance. ...
Emerging ESG disputes risks and key mitigation strategies
Pressure is emerging from multiple angles – regulation, investors, employees and communities – to have a proactive approach to ESG issues. In this Insight, we highlight current trends in ESG disputes and outline the key strategies companies should be implementing right now to mitigate ESG disputes risk. ...
A win to litigation funders in employment class actions
A decision in a 'wage underpayment' class action (Simon Alexander Turner v Tesa Mining) examines the extent to which funders can be liable for costs in Fair Work Act proceedings. ...
Pilbara v Ammon: WA Court of Appeal considers the meaning of 'feasibility study' in the context of a joint venture agreement
The recent decision of Pilbara Iron Ore Pty Ltd v Ammon will be of interest to anyone who deals with farm-in agreements or other resource sector agreements where one party agrees to commission a 'feasibility study'. ...
Thriving in an era of scrutiny: Culture and conduct
Legal and compliance leaders should act now to combat serious and increasing legal and reputational risk ...
Allens advises RBA on Central Bank Digital Currency pilot
The use of the pilot CBDC was tested by approved market participants in a diverse set of use cases, with the goal to understand potential business models, use cases and economic benefits, as well a ...