3081-3090 of 4399 results
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
Federal Government releases Energy White Paper
This insight explores the key findings and recommendations of the long-anticipated Energy White Paper released by the Federal Government outlining its policy on strategic issues facing the energy sector in Australia. ...
Mongolia's Law on Petroleum revised
Mongolia has revised its Law on Petroleum which will operated in tandem with its 2005 Law on Petroleum Products Partner Igor Bogdanich and Consultant Manduul Altangerel look at the new law and what it will mean for companies prospecting and extracting petroleum products in Mongolia ...
Patent examination guidelines in the wake of Myriad
Following public consultation on proposed examination guidelines issued on 16 October 2015 the Commissioner of Patents has established a revised examination practice taking into account the High Courts decision in emDArcy v Myriad Genetics Incem Dr Trevor Davies Partner at Allens Patent amp Trade ...
Workplace Relations
In this issue we look at the unusual role social media can play in bullying at work valid dismissals that can be procedurally unfair consultants reports and unfair dismissal proceedings requirements for notices of entry obtaining permission to appeal in the Fair Work Commission vague job security ...
Shareholder activism: Full Court says no to revolution by resolution
At a time of increasing shareholder activism a recent decision of the Full Court of the Federal Court has confirmed that activist shareholders have a very limited part to play in the exercise of a boards power in the management of a company Partners Kim Reid and Julian Donnan and Associate Manu ...
Review into four major banks - money for consultants?
The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...
Car rental agreement crashes out under the unfair contract terms regime
In proceedings brought by the ACCC the Federal Court declared a number of terms in Europcar Australias 2013 standard rental agreement to be unfair and therefore void ...
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
E-signature - a case study, but not a test case
A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...