231-240 of 367 results
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 ...
Are your employees entitled to unpaid family and domestic violence leave?
All modern award-covered employees, including casual employees, are now entitled to a new form of leave to deal with family and domestic violence. ...
Confidentiality lost in court – restraining an independent contractor
An independent contractor kept and used a client list, but the New South Wales Court of Appeal decided the list had lost its confidentiality because it had been disclosed in court. ...
A development from the English Court of Appeal regarding legal professional privilege in internal investigations
In a recent judgment the English Court of Appeal reversed a controversial High Court decision that had severely limited the application of legal professional privilege in internal investigations under English law The decision has consequences for Australian corporates conducting cross-border ...
Contract Law Update 2018
This Insight examines the latest developments in contract law ...
Latest word on competing class actions
The NSWSC has selected one of five ongoing class actions against AMP Limited to proceed, making a clear statement that multiple class actions raising similar issues should not be permitted without good reason ...
Court finds PZ Cussons spotless in alleged laundry detergent cartel
Allens acted for PZ Cussons in successfully defending the first contested hub and spoke cartel case brought by the ACCC ...
Contract Law Update 2017
The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...