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. ...

The ability to enter into, and enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers (known as the 'fettering doctrine'). ...

'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. ...

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 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 ...

Fiona Crosbie has today been named the new Chairman of leading law firm Allens. Commenting on the appointment, outgoing Chairman, Ian Wallace said that Fiona is an outstanding partner and would pla ...

The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...

The fund financing market in Australia continued to be buoyant in 2019. Private equity, infrastructure and real estate funds remain the main drivers of volume, with an increasing number of newly raised as well as existing private debt funds also capitalising on the market's additional liquidity and ...

This latest guide looks at developments at the end of last year and the beginning of 2020. It covers: Brexit and the transition, final-form recommendations for audit and auditor reform, new stewardship obligations for investors, tougher new anti-money laundering rules, FRC guidance for this year's annual reports and Section 172 statements, the extension of the FCA's Senior Manager regime, market abuse, ESG and climate, private equity reporting, transparency of ownership of UK real estate and late payment. ...

The real estate industry continues to evolve in a technology focused world, unlocking new REITs (real estate investment trusts) and investment opportunities. Against a backdrop of low bond yields, easing monetary policy and global volatility, our real estate sector M&A experts share insights and consider what opportunities lay ahead for the real estate Mergers and Acquisitions sector. ...