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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
'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
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 ...
Contract law update 2019
In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd, the New South Wales Court of Appeal considered the circumstances in which a party, which has a right to terminate a contract, might lose that right. In particular, the court considered when the right might be lost due to an election to affirm a contra ...
Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...
The WTO decision against Australia – what the law on paper might mean in practice
At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...
Australian Human Rights Commission proposes mandatory human rights approach for artificial intelligence
The Australian Human Rights Commission (AHRC) has published a discussion paper on proposals to legislate for a human rights approach to artificial intelligence (AI) systems. If adopted by the Australi ...
Consumer Data Right Rules – what do the changes mean for you?
As part of the CDR rollout, as of 6 February 2020 the Big 4 banks are now required to disclose certain types of product data following a request, with the first types of consumer data to be shared from 1 July 2020. ...
Court clears Vodafone/TPG merger
Allens acted for Vodafone Hutchison Australia Pty Limited to secure the Federal Court's approval for its merger with TPG Telecom Limited. In finding against the ACCC, Justice Middleton held the merger would not have the likely effect of substantially lessening competition. ...
Industrial manslaughter laws proposed for Queensland resources sector
If passed, the Mineral and Energy Resources and Other Legislation Amendment Bill 2020 (Qld) (Bill), introduced in the Queensland Parliament on 4 February 2020, will create industrial manslaughter offences in the Queensland resources industry. ...