2631-2640 of 2719 results
Trace but don't track – Australia's approach to digital contact tracing
The Australian Government has flagged that Australia's baseline 'social distancing' restrictions may be eased more quickly if, among other things, at least 40% of Australians download and use a new voluntary digital contact tracing app, 'COVID Trace'. The announcement has sparked significant debate ...
COVIDSafe – what we now know
On Sunday, the Australian Government launched its voluntary digital contact tracing app 'COVIDSafe', along with the app's Privacy Policy, an independent Privacy Impact Assessment (PIA) and the Department of Health's response to that PIA. The Chief Medical Officer has predicted that the application will have been downloaded more than 2 million times by the end of Monday. ...
PNG proposes a new regime for arbitration
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. ...
Resources sector regulation – the Productivity Commission's call for reform
The Productivity Commission has released its draft report on resources sector regulation and, if implemented, its recommendations have important implications for the sector. In particular, the report includes a number of recommendations focused on reducing delays in project assessment and approval, ...
Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
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. ...
Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
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 ...
Searle v Commonwealth of Australia [2019] NSWCA 127
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
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'). ...
Contract law update 2019
'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
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 ...