2561-2570 of 2628 results
The COVIDSafe Bill – good progress, but there's more to do
The COVIDSafe app has been marketed as offering privacy 'protected by law'. On Sunday, the Federal Government released an exposure draft of legislation designed to put those protections in place, and to dispel lingering doubts about the app. ...
Carrots and sticks: enforcement of the Consumer Data Right
The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commissioner (OAIC) have published a joint Compliance and Enforcement Policy (the Policy) for the Consumer Data Right (CDR). ...
Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185
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. ...
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. ...
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. ...
New Standard Energy PEL 570 Pty Ltd & Anor v Outback Energy Hunter Pty Ltd & Anor [2019] SASCFC 132
In this case, the Full Court of the Supreme Court of South Australia considered the scope and nature of a change of control clause providing that a party's prior written consent 'will not be unreasonably withheld'. ...
Tokio Marine & Nichido Fire Insurance Co Ltd v Hans Bo Kristian Holgersson trading as Holgersson Complete Home Service [2019] WASCA 114
Court of Appeal of Western Australia considered the extension of an insurance policy to a building-project subcontractor who was neither a party to the insurance contract nor mentioned by name in the policy. ...
Visual Building Construction Pty Ltd v Armistead (No 2) [2019] NSWCA 280
In this case, the New South Wales Court of Appeal considered when a contract is validly terminated if the termination clause provides for termination if a remediable breach is not remedied within a set timeframe. ...
Contract law update 2019
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. ...
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. ...