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Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
Insight 26 Mar 2020

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. ...

Contract law update 2019
Insight 26 Mar 2020

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. ...

Trace but don't track – Australia's approach to digital contact tracing
Insight 21 Apr 2020

The Australian Government has flagged that Australia's baseline 'social distancing' restrictions may be eased more quickly if, among other things, at least 40% of Australians download and use a new voluntary digital contact tracing app, 'COVID Trace'. The announcement has sparked significant debate ...

COVIDSafe – what we now know
Insight 27 Apr 2020

On Sunday, the Australian Government launched its voluntary digital contact tracing app 'COVIDSafe', along with the app's Privacy Policy, an independent Privacy Impact Assessment (PIA) and the Department of Health's response to that PIA. The Chief Medical Officer has predicted that the application will have been downloaded more than 2 million times by the end of Monday. ...

Allens advises syndicate of lenders to gold miner Resolute on US$300m debt refinancing
News 26 Mar 2020

The facility will be used to repay the US$63 million secured project loan facility from Taurus Funds Management Limited, which funded the initial construction of the Mako Gold Mine in Senegal and ...

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 ...

Amnesty for historical superannuation non-compliance
Insight 31 Mar 2020

The newly introduced superannuation guarantee (SG) amnesty scheme provides a one-off amnesty to encourage employers to self-correct historical SG non-compliance. This is done by allowing employers to claim tax deductions for contributions made during the amnesty period, as well as waiving certain penalties and fees that may otherwise apply in relation to historical SG non-compliance. ...

First prosecution for breach of new Heavy Vehicle National Law chain of responsibility duties
Insight 31 Mar 2020

The National Heavy Vehicle Regulator (NHVR) has commenced its first prosecution into duty holders under the new chain of responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL), which has been adopted in all states and territories (other than Western Australian and the Northern Territory). ...

FWC considers unfair dismissal procedural requirements
Insight 01 Apr 2020

The Full Bench of the Fair Work Commission (FWC) has ordered a case be reheard after it was found that adequate consideration was not given at first instance to whether a dismissed employee had been notified of, and given an opportunity to respond to, a valid reason for his dismissal. ...

Impact of COVID-19 on investment funds
Insight 31 Mar 2020

As the COVID-19 pandemic creates turbulence in global financial markets and propels investors into a race for liquidity, we are beginning to see investment funds grappling with some of the issues they had confronted in 2007–2009 during the global financial crisis (the GFC). ...

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