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Allens side by side with clients raising more than $4 billion of capital
News 16 Apr 2020

In the current economic uncertainty, a number of companies have turned to the capital markets to raise fresh equity. Allens has been working side by side with clients to assist them through this ...

Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
Insight 26 Mar 2020

This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...

Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
Insight 26 Mar 2020

In this case, the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to rescind ...

Searle v Commonwealth of Australia [2019] NSWCA 127
Insight 26 Mar 2020

In this case, the NSWCA considered the nature and extent of the doctrine that a government or public authority may not fetter the future exercise of discretionary powers reposed in the executive or a public authority. ...

Contract law update 2019
Insight 26 Mar 2020

The ability to enter into, and enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers (known as the 'fettering doctrine'). ...

Contract law update 2019
Insight 26 Mar 2020

'fetter doctrine' is the ability to enter into enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers. ...

Contract law update 2019
Insight 26 Mar 2020

A recent WA Court of Appeal decision illustrates the difficulties for a party in avoiding the literal meaning of a contract in the absence of ambiguity or absurdity ...

Contract law update 2019
Insight 26 Mar 2020

In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd, the New South Wales Court of Appeal considered the circumstances in which a party, which has a right to terminate a contract, might lose that right. In particular, the court considered when the right might be lost due to an election to affirm a contra ...

Hospitality Industry Award varied to include COVID-19 flexibility schedule
Insight 01 Apr 2020

On 24 March 2020, the Fair Work Commission varied the Hospitality Industry (General) Award to introduce temporary changes in response to COVID-19, following government orders to shut down various parts of the hospitality industry. This Insight examines some of the key implications. ...

Impact of COVID-19 on corporate financing transactions
Insight 23 Mar 2020

An analysis of the practical implications of COVID-19 on corporate financing transactions and a summary of some key documentation issues that arise because of this global issue, along with tips to address them. ...

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