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Contract law update 2019
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'). ...
ASIC's new work schedule and priorities in light of the COVID-19 crisis
On 14 April, ASIC published a media release detailing changes to its regulatory framework and priorities in light of COVID-19. This follows an earlier statement by ASIC, which indicated that it would temporarily change its regulatory work and priorities to allow it and regulated entities to focus on the impact of COVID-19. ...
Toksave – PNG regulatory update: Covid-19 and state of emergency in PNG; Income Tax Act rewrite; Kumul submarine cable network and other developments
First case of Covid-19 and state of emergency announced in PNG; significant proposed changes to Income Tax Act; Phase 2 of Kumul submarine cable network project initiated; and new tariffs and service standards for ports. ...
Using tech and data in a crisis – contact tracing
Data analysis, and the technology that facilitates it, is currently playing a critical role in the global and national efforts to combat the COVID-19 pandemic. Alongside the front-line health response, it has become a core part of the daily calculations made by governments and health organisations. ...
Continuous disclosure during COVID-19: shining the spotlight on earnings and debt
In its latest compliance update, ASX reiterated that entities in financial difficulty (including with respect to their debt arrangements) will receive no special treatment. On earnings guidance, it was acknowledged that many listed entities have taken the opportunity to withdraw guidance issued before the outbreak of COVID-19. ASX also strongly encouraged entities to review their published guidance in light of COVID-19 and to either update it if it was not current or withdraw it in this highly uncertain climate. ...
Two safe harbours for the storm of COVID-19
The COVID Safe Harbour will provide useful immediate relief for companies and their directors, particularly those who need time to assess the company's position before developing a turnaround plan or pursuing an insolvency administration if that becomes necessary. ...
PNG's response to COVID-19
The World Health Organization declared the coronavirus disease 2019, or 'COVID-19', a global pandemic on 11 March 2020. As of 16 April 2020, most countries around the world have reported cases of COVI ...
Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
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 ...
Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
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. ...
Contract law update 2019
'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. ...