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Linklaters Insights: UK - At a glance: governance and risk December 2019/January 2020
Insight 31 Jan 2020

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. ...

Real estate M&A and industry review
Insight 28 Jan 2020

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. ...

No minimum period before casuals can expect 'regular and systematic' work
Insight 16 Feb 2020

The Federal Court has decided that, from the commencement of her employment, a casual employee was engaged on a 'regular and systematic' basis and had a reasonable expectation of continued employment. ...

How is Vietnam's labour law changing?
Insight 12 Feb 2020

Upcoming changes to Vietnam's labour law include such significant steps as more flexibility in the renewal and termination of labour contracts; and for the first time, the right of employees to establish and join independent labour unions. Although the Labour Code 2019 will not take effect until 1 January 2021, employers should start looking ahead and consider how the upcoming changes will impact their businesses and management of their workforce. ...

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. ...

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 ...

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

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
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

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 ...

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