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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'). ...
Contract law update 2019
There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...
ASIC finalises new regulatory framework for foreign financial services providers
The Australian Securities and Investments Commission has unveiled the much-anticipated new regulatory framework for foreign financial services providers that supply financial services to wholesale clients in Australia. foreign financial services providers ...
Allens advises on sale of ASX-listed veterinary services business
VetPartners is a Sydney-based owner and operator of more than 140 veterinary clinics in Australia, New Zealand and Singapore. The acquisition of more than 100 NVC veterinary clinics will increase ...
Contract law update 2019
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 ...
El Ali v Tritton [2019] NSWCA 111
In this case, the NSW Court of Appeal considered the date of the assessment of damages and whether the loss the respondents suffered was too remote. ...
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 ...
Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...
Impact of COVID-19 on debt capital markets
An analysis of the practical implications of COVID-19 on debt capital markets and a summary of some key documentation issues that arise because of this global issue, along with tips to address them. ...
JPA Finance Pty Ltd v Gordon Nominees Pty Ltd [2019] VSCA 159
In JPA Finance Pty Ltd v Gordon Nominees Pty Ltd [2019], the VSCA l considered whether the termination notice requirements in an option deed required strict, as opposed to substantive, compliance. ...