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Competition law update
Insight 30 Oct 2014

In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...

The hotel window closes - no vulnerability where a contract exists
Insight 20 Oct 2014

The High Court recently overturned a NSW Court of Appeal decision that stated a building contractor owed a duty of care for pure economic loss for defective work to a successor in title to the developer of commercial premises. ...

High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Insight 22 Dec 2014

Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...

Productivity Commission - Access to Justice Arrangements report and recommendations
Insight 05 Dec 2014

The Access to Justice Arrangements report proposes broad-ranging reforms to our civil justice system with the aim of improving access to justice Partner Belinda Thompson and Lawyer Annie Santamaria highlight some recommendations which also have the potential to impact more broadly on Australias ...

Finality: an important objective of class actions
Insight 12 Feb 2015

The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...

Managing shareholder activism - who is in the driver's seat?
Insight 03 Feb 2015

The recent New South Wales Supreme Court decision of Molopo Energy Limited v Keybridge Capital Limited reflects the continuing growth of shareholder activism in the Australian corporate landscape The case is a reminder that boards need to remain aware of developing activist strategies particularly ...

ASIC's sanctions and powers to be strengthened
Insight 23 Apr 2018

The Federal Government has announced that it proposes to strengthen ASICs powers and to increase the severity of penalties civil and criminal that can be imposed on individuals and corporations in line with the ASIC Enforcement Review Taskforces recommendations Partner Rachel Nicolson and Senior ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Improving external dispute resolution schemes - rather odd recommendations
Insight 07 Feb 2017

It is difficult to describe the interim recommendations of the Expert Panel reviewing the financial system external dispute resolution and complaints framework as anything other than odd ...

Anti-bribery & corruption: Key questions for boards and executives
Insight 06 Mar 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliancenbspIn the first of a five-part ...

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