251-260 of 366 results

'Fraud on the market' theory survives challenge in the US
Insight 26 Jun 2014

Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...

Vendor's IM - Get it wrong, pay the damages bill
Insight 08 Apr 2014

A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...

The ramifications of a Facebook rant
Insight 22 May 2014

The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...

The limits of lawyer-driven litigation
Insight 24 Jul 2014

A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...

Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
Insight 16 Sep 2014

A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...

Public authorities - reduced protection against negligence
Insight 19 Dec 2014

In coming to a recent decision the Queensland Supreme Court has taken a narrow view of a section of that states civil liability legislation that was designed to limit the liability of public authorities in Queensland Partner Nicholas Ng and Senior Associate Goran Gelic report on this decision and ...

The changing landscape of international investment agreements
Insight 03 Mar 2015

A recent United Nations Conference on Trade and Development report identifies recent trends in international investment agreements and investor-state dispute settlement - among them a rise in the integration of sustainable development objectives including via more careful regulation by states of ...

More certainty for foreign corporations under Alien Tort Claims Act
Insight 28 Jan 2014

Since a landmark decision has narrowed available claims against defendants under the Alien Tort Claims Act for alleged violations of customary international law US courts have sought to clarify exactly what geographical connection is required to justify a claim against corporate defendants Partner ...

Statutory assumptions for lenders dealing with companies - useful but are they limited?
Insight 03 Feb 2014

This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...

Australia's expanding network of investment treaties and investor-state dispute settlement
Insight 18 Feb 2015

Australia continues to expand its network of investment treaties In light of this Australian investors should consider a review of the treaty protections that apply to their foreign investments If a treaty includes an investor-State dispute settlement mechanism the investor may be able to resolve ...

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