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Toksave – PNG regulatory update: Covid-19 and state of emergency in PNG; Income Tax Act rewrite; Kumul submarine cable network and other developments
Insight 02 Apr 2020

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. ...

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. ...

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. ...

Impact of COVID-19 on derivatives
Insight 27 Mar 2020

COVID-19 will have a range of impacts on over-the-counter derivative transactions. We set out below some key documentation issues arising as a consequence of COVID-19 and our practical tips. ...

In Touch: industry cooperation and collaboration during a pandemic; ACCC merger reviews; and obligations regarding cancelled orders and events
Insight 24 Mar 2020

Industry collaboration in a time of coronavirus; ACCC grants urgent interim authorisations to banks and supermarkets to cooperate during pandemic; COVID-19's impact on the speed of ACCC merger reviews and the issues the ACCC will consider in distressed sales; your obligations regarding cancelled events and orders; promoting goods and services during the pandemic; and the ACCC's Scamwatch on high alert. ...

Allens advises Wesfarmers on ESG-incentivised $400m loan
News 11 Mar 2020

The debt facility is linked to Wesfarmers' progress on two internal Environmental and Social Governance ( ESG ) targets – to reduce carbon emissions in its chemical operations and ambitious targets ...

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. ...

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

Contracts often contain detailed provisions prescribing how parties must perform their obligations or exercise their rights under it. Frequently, such provisions are not strictly complied with. There will often then be a dispute about the consequences of that non-compliance. ...

Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185
Insight 26 Mar 2020

The NSW Court of Appeal in Donau Pty Ltd has considered how long a party's right to terminate a contract lasts following a breach by the other party and the implications this has for the doctrine of election. ...

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