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Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
Insight 28 Jan 2020

The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...

Penalties: The final word
Insight 27 Jul 2016

The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...

The Rolls-Royce bribery case and its implications in Australia
Insight 30 Jan 2017

A Deferred Prosecution Agreement in the United Kingdom which will see the Rolls-Royce company pay more than 500 million to settle charges of foreign bribery is the most significant UK DPA to date It is likely to influence the approach and expectations of the Australian Government and law enforcement ...

Retail banking remuneration review
Insight 07 Feb 2017

The Australian Bankers Association last year commissioned Stephen Sedgwick to undertake a review of remuneration in retail banking ...

Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...

ASIC releases paper on collective action by institutional investors
Insight 26 Feb 2015

ASIC has released its consultation paper on collective shareholder actions which calls for feedback on a draft update to Regulatory Guide 128 The consultation paper illustrates ASICs current albeit preliminary views on the tension between fostering increased investor engagement on the one hand and ...

Corporate responsibility and anti-corruption legislation in India
Insight 10 Feb 2014

In the past 12 months the Indian Parliament has passed two important pieces of legislation relating to corporate social responsibility and the allegations of corruption made against public servants. How does it affect you? ...

Using 'reasonable endeavours' - the importance of internal contractual standards
Insight 28 Apr 2014

The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...

Material adverse change
Insight 15 May 2014

In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...

Confirmation of FATCA Status of Australian Superannuation Funds
Insight 16 May 2014

The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...

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