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Class action risk 2020
Insight 02 Mar 2020

In this latest edition of our Class Action Risk report we have provided an overview of the indicators and drivers of class action risk, with a particular focus on the way in which the class action landscape has changed over the course of the last year, and into 2020. ...

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. ...

The Demerger Journey - from Facilitation to Frustration
Insight 13 Mar 2020

The Demerger Journey - from Facilitation to Frustration. Partner Joe Power and Senior Associate Jay Prasad published their paper on the demerger tax rules at the inaugural Tax Institute Tax Summit at the International Convention Centre in Sydney in March 2020. The paper considers the correctness of the ATO’s recent views on the scope of the demerger tax relief provisions, and compares those provisions to analogous provisions in the UK, US and Canada. ...

Fostering diversity with The Pinnacle Foundation
News 27 Feb 2020

Allens has entered into a multi-year partnership with The Pinnacle Foundation to foster diversity by offering a scholarship (commencing 2021) to young adults between the ages of 17-26 identifying as LGBTIQ to provide educational and mentoring support. ...

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. ...

Mann v Paterson Constructions Pty Ltd [2019] HCA 32
Insight 26 Mar 2020

In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...

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. ...

Major proposed changes to Queensland resources law – the environmental and commercial implications
Insight 14 Feb 2020

New legislation will, if passed, introduce a suite of reforms aimed at mitigating the risks of Queensland resources projects not being rehabilitated, which also have major implications for the sales of such projects. The changes' wide-ranging impact includes tighter criteria for tenement applicants and transferees, and introducing an ability for tenement conditions to be adjusted following a change of control of tenement holders. In particular, potential tenement applicants and purchasers should consider initial due diligence on people and entities that may be considered their associates, so they are prepared to defend any decision in relation to potential disqualification. ...

Queensland's new regulatory framework for safety in the resources industry
Insight 25 Mar 2020

Queensland Parliament has passed legislation that, when it comes into effect on 1 July 2020, will change the state's regulatory framework for health and safety in the resources industry. ...

PNG proposes a new regime for arbitration
Insight 25 Feb 2020

Papua New Guinea has proposed a new regime for domestic and international arbitrations: the Arbitration Bill 2019. If enacted, it has the potential to provide greater certainty for arbitrations in PNG, and the recognition and enforcement of arbitral awards within PNG. ...

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