251-260 of 367 results

Investigations - ICAC has its wings clipped
Insight 11 Dec 2014

By a two to one majority the NSW Court of Appeal has held that the Independent Commission Against Corruption had no power under the ICAC Act to investigate an allegation to the effect that as a result of conduct involving an alleged intention to pervert the course of justice a public official had ...

Allens insights: Merit appeals and the need for reform: Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc
Insight 04 Dec 2014

In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court LEC to refuse approval for the expansion of the Warkworth Mine near Bulga NSW ...

Term of mutual trust and confidence not implied into Australian employment contracts
Insight 10 Sep 2014

A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...

High Court rules on freezing orders for prospective overseas judgments
Insight 04 Nov 2015

The High Court of Australia recently upheld the Western Australian Court of Appeals decision allowing for the WA Supreme Court to make freezing orders for a prospective judgment in Singapore The core of the decision was a finding that the federal jurisdiction of state Supreme Courts to register ...

Linklaters Insights: Corporate Criminal Liability report
Insight 04 Oct 2016

As pressure from prosecution authorities increases it is becoming ever more important for international companies to be aware of the potential impact of criminal conduct committed by their executives and employees and the risks and liability the company may face as a result - not least in order to ...

Back to basics: Managing supply chain risk from an Australian product liability perspective
Insight 29 Jun 2016

Allens Partners Phillip Cornwell Michael Ryan and Ben Farnsworth were part of the global panel analysing the project finance market including key economies regional analysis and PPPs In Getting the Deal Throughs second annual issue focusing on the global project finance markets Phillip Michael and ...

An opportunity for greater certainty for class action defendants
Insight 05 Oct 2016

Class action settlement negotiations are often hindered by uncertainty about the number and identity of potential claimants A recent decision of the Supreme Court of NSW has paved the way for defendants to achieve greater certainty in respect of unregistered class members at an earlier stage than ...

Navigating split dispute resolution clauses – where's Google Maps when you need it?
Insight 15 Jul 2019

A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...

Take care with agency arrangements - Flight Centre decision
Insight 14 Dec 2016

The High Court has handed down its decsion in the high profile ACCC proceedings against Flight Centre where the organisation competed with airlines in the sale of international airline tickets and attempted to induce three major airlines to enter price-fixing arrangements. ...

Significant High Court decision on settlement of regulatory proceedings
Insight 09 Dec 2015

The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...

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