301-310 of 503 results
UK Supreme Court counters High Court on penalties
The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...
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 ...
Glencore's Newcastle success opens the channel for further access regulation
Glencore has succeeded in its bid to have the access to the Newcastle shipping channel declared under Australias national access regime The Australian Competition Tribunals decision reversed the acting Treasurers decision and has settled for now the uncertainty about the interpretation of the ...
Bankruptcy and insolvency law reforms and the innovation agenda
The Federal Government has released a Proposals Paper on possible changes to bankruptcy and insolvency laws that will form part of its broader National Innovation and Science Agenda Reform to bankruptcy and insolvency law has been identified as an area that could contribute to changing the culture ...
Value capture and getting smart
The Australian Government has identified value capture and innovative financing as key elements of its Smart Cities Plan The move will have significant implications for traditional project finance By Paul Kenny Sector Leader Government and Phillip Cornwell Project Finance Consultant at Allens ...
Extending the reach of Australia's cartel laws and the first criminal prosecution
Recent decisions handed down in separate cartel proceedings confirm that Australian courts will take a broad approach to the extraterritorial ambit of Australias competition laws This means that more foreign businesses could be caught by Australias criminal and civil cartel laws These decisions ...
Finally - a class action regime for Queensland
Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...
ACCC successfully appeals air cargo cartel - the widening of 'market in Australia'
The ACCC has won an appeal in the Full Federal Court in the air cargo cartel case against Air New Zealand and Garuda Those airlines were found to have engaged in price fixing conduct within a market in Australia even though the point of competition was outside the country The case clarifies and ...
New environmental responsibilities for corporates, officers, financiers and others in Queensland
The Queensland Government proposes new powers to compel related bodies corporate executive officers financiers and shareholders and a select category of related persons to satisfy the environmental obligations of companies operating in Queensland The Chain of Responsibility concept has been proposed ...
Transparency and Accountability - and not just for Wall Street
The regulatory law repercussions of the GFC remain endlessly fascinating As an example take the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 It runs to 848 pages Title VII addresses perhaps optimistically Wall Street Transparency and Accountability My favourite provision is section ...