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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 ...
Contract law update 2019
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 ...
Continuous disclosure during COVID-19: shining the spotlight on earnings and debt
In its latest compliance update, ASX reiterated that entities in financial difficulty (including with respect to their debt arrangements) will receive no special treatment. On earnings guidance, it was acknowledged that many listed entities have taken the opportunity to withdraw guidance issued before the outbreak of COVID-19. ASX also strongly encouraged entities to review their published guidance in light of COVID-19 and to either update it if it was not current or withdraw it in this highly uncertain climate. ...
Allens welcomes new external Board members
Allens announced the appointment of two respected non-executive directors to its Board, Peter Warne and Jane McAloon. ...
In Touch: the latest ACCC authorisations letting businesses work together during the pandemic; a spanner in the works for a power tool distributor's plans to set minimum prices; and ACCC COVID-19 Taskforce's success with early intervention
ACCC grants further authorisations to allow businesses to work together during pandemic Since 20 March 2020, the ACCC has granted 16 authorisations across a range of industries, allowing businesses to ...
Raising equity in a COVID-19 environment
This Insight: provides commentary on matters Boards, supported by management, may wish to consider in raising equity; makes some observations about what we are seeing in the market to date or expect to see; and outlines some of the recent regulatory changes in light of COVID-19. ...
Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185
The NSW Court of Appeal in Donau Pty Ltd has considered how long a party's right to terminate a contract lasts following a breach by the other party and the implications this has for the doctrine of election. ...