2221-2230 of 2887 results
FCA declares insurer in breach of duty of utmost good faith
The Federal Court has declared that Youi Pty Ltd (Youi) breached its duty of utmost good faith under section 13 of the Insurance Contracts Act 1984 (Cth) (ICA) in relation to its handling of an insurance claim for damage to an insured's home. The decision is an important reminder of the broad scope and potential reach of the duty. ...
Australian foreign investment national security reforms – moneylending exemption survives, substantially intact
As part of the national security reforms the Government had proposed to revoke the moneylending exemption in the case of security over a 'national security business'. This would have required foreign lenders to apply to the Foreign Investment Review Board for approval or exemption before undertaking routine loan participations. ...
Major FIRB reforms to commence on 1 January 2021
The Australian Government has finalised and released legislation to make major changes to Australia's foreign investment laws – commonly known as the 'FIRB regime' – with effect from 1 January 2021. This Insight summarises the key changes to the FIRB regime. ...
Suburban hubs and the '20-minute neighbourhood'
As cities grapple with how to open up following months of COVID-19 forced lockdowns, establishing '20-minute neighbourhoods' or suburban hubs could be an answer. ...
What happened in 2020 and what's on the horizon for 2021
Year in Review 2020 and Year to Come 2021 summarises some of the major developments across Australia last year, and a selection of key changes that we anticipate over the coming year. There are links to further reading, where available. ...
Australia moves one step closer to adopting a worldwide human rights sanction regime
Australian Government enact legislation to establish a worldwide human rights sanctions regime. We report on why the Committee's recommendations have implications for your business's approach to sanctions risk management, as well as for Australia's broader sanctions framework. ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
Linklaters Insights: Comparison of UK's new foreign investment regime and Australian FATA
Sugar and alcohol labels under the microscope, including new requirements for alcoholic beverages to display pregnancy labels; minimising regulatory risk regarding misleading conduct on the sale and promotion of food products; COVID-19 and food; and class actions in the sector. ...
Federal Court holds Opal Tower defendant not entitled to be paid defence costs prior to determination on exclusion clause
Evolution v Chubb Insurance clarifies that unless a policy contains an advancement of defence costs provision (and subject to the particular terms of the policy), an insured should not assume it will be entitled to be reimbursed for defence costs as and when they are incurred if there is a debate with the insurer about the operation of an exclusion clause in respect of the third party claim brought against the insured. ...
How can Australian businesses mitigate sovereign risk associated with unofficial trade measures?
In light of recent tensions, we assess the importance of Australian trading businesses understanding their sovereign risk and the avenues available under international trade law to mitigate that risk. ...