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Contract Law Update 2017
The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...
Investor-state dispute settlement and the China-Australia Free Trade Agreement
The Australian and Chinese governments have concluded negotiations on a free trade agreement that will reduce tariff barriers on the majority of Australian exports to China The Australian Department of Foreign Affairs and Trade has confirmed that the treaty will include an investor-state dispute ...
UN resolution could be the start of a binding treaty on business and human rights
The UN Human Rights Council has recently passed resolutions that provide for the establishment of a working group to develop an international legally binding human rights instrument for transnational corporations as well as commissioning a report on the pros and cons of this approach Partner Rachel ...
Significant amendments to retail shop leases legislation in Queensland
Significant amendments to laws governing retail shop leases in Queensland will be made under new legislation just introduced into the Queensland Parliament Landlords should carefully review the Bill so they can be prepared for the new regime once it commences Partner John Beckinsale and Special ...
Court confirms priority to receivership profits
A Supreme Court of Queensland judgment handed down today has provided greater certainty for secured creditors of companies that earn profits following the appointment of a receiver The judgment dispels suggestions that the law was uncertain and means that secured creditors can continue to fund ...
Senate passes Emissions Reduction Fund legislation
The Senate has passed legislation for the establishment of an emissions reduction fund to purchase carbon abatement ...
Judicial review of adjudication determinations - a new expansive approach?
In a recent decision the Supreme Court of Western Australia quashed two adjudication determinations on the basis of jurisdictional error At the core of the decision was a finding that the adjudicator had misapplied the terms of the relevant construction contract The decision suggests that an ...
Governance of energy market fundamentally sound, but with potential for improvement
The final report of the Review of Governance Arrangements for Australian Energy Markets has made a number of recommendations to improve the effectiveness and efficiency of each governing body in the Australian energy market while concluding that the governance arrangements are fundamentally sound ...
Victorian Government releases major energy sector statement
The Victorian Government has issued a statement setting out its view of the states strategic objectives for the energy sector and the Governments energy priorities Energy Resources Infrastructure Partner and Government Sector Leader Paul Kenny and Associate Monique Donato provide an overview ...
Data deal - mandatory data breach notification laws to be introduced as trade-off for controversial metadata retention regime
The Federal Government in a surprising and highly significant move for companies in Australia has committed to enacting a mandatory data breach notification scheme before the end of 2015 which will apply to all Australian companies currently subject to the Privacy Act The proposal is not limited to ...