2591-2600 of 4478 results

Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
Insight 26 Mar 2020

In this case, the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to rescind ...

Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
Insight 26 Mar 2020

This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...

Contract law update 2019
Insight 26 Mar 2020

'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
Insight 26 Mar 2020

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 ...

Searle v Commonwealth of Australia [2019] NSWCA 127
Insight 26 Mar 2020

In this case, the NSWCA considered the nature and extent of the doctrine that a government or public authority may not fetter the future exercise of discretionary powers reposed in the executive or a public authority. ...

Contract law update 2019
Insight 26 Mar 2020

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 ...

In Touch: ACCC's 2020 enforcement priorities; Vodafone/TPG merger to proceed; and ACCC to investigate digital advertising
Insight 09 Mar 2020

The ACCC releases its enforcement priorities for 2020; the Federal Court clears a merger between Vodafone Hutchison Australia and TPG Telecom; ACCC starts an inquiry into the supply of digital advertising technology and agency services; ACCC consults on divestment undertaking in CUB / Asahi deal; Weldclass' RPM notification raises ACCC concerns; and two proposed mergers in the paper industries receive the regulator's blessing. ...

Amnesty for historical superannuation non-compliance
Insight 31 Mar 2020

The newly introduced superannuation guarantee (SG) amnesty scheme provides a one-off amnesty to encourage employers to self-correct historical SG non-compliance. This is done by allowing employers to claim tax deductions for contributions made during the amnesty period, as well as waiving certain penalties and fees that may otherwise apply in relation to historical SG non-compliance. ...

First prosecution for breach of new Heavy Vehicle National Law chain of responsibility duties
Insight 31 Mar 2020

The National Heavy Vehicle Regulator (NHVR) has commenced its first prosecution into duty holders under the new chain of responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL), which has been adopted in all states and territories (other than Western Australian and the Northern Territory). ...

Controversial Religious Discrimination Bill back in the spotlight
Insight 17 Feb 2020

The Federal Government has released second exposure drafts of its proposed legislation on religious discrimination, as part of another round of public consultation. ...

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