321-330 of 355 results
Competing class actions - the court takes control
The Federal Court has made orders permanently staying two competing shareholder class actions against GetSwift Limited and allowing a third class action to proceed The latest in a series of judgments where the courts have grappled with the problem of competing class actions Justice Lees decision ...
Competition law update
In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...
Distressed debt M&A - share transfers without a scheme
The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...
Full Federal Court speaks on competing class actions
In the latest instalment in the attempts to deal with competing shareholder class actions the Full Federal Court has ordered the transfer of four shareholder class actions against AMP to the Supreme Court of New South Wales where a fifth class action is already pending In doing so the court gave the ...
Asia Pacific international arbitration update
We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...
The limits of lawyer-driven litigation
A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...
Workplace Relations
We look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor the Fair Work Commissions position on legal representation a case that helps clarify when restructuring roles will create genuine redundancy whether a gift to employees who ...
Material adverse change
In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...
Federal Court - another arbitration-friendly decision
In a recent decision the Federal Court dismissed an application to set aside an arbitral award rendered in Australia on the basis that it breached the rules of natural justice In doing so the courts decision recognised the limited scope of the grounds upon which an award can be set aside under ...
High Court rules mining leases and native title can co-exist
The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...