321-330 of 358 results

New opportunities for charities as 'directness' requirement ruled out
Insight 04 Sep 2014

The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...

Can you make a supply merely by tolerating something?
Insight 08 Dec 2014

In an important ruling the High Court has decided that a purchaser of leased premises will make a supply of the leased premises when after completion the purchaser observes its express obligations under the lease The decision provides much-needed certainty for vendors and purchasers of leased ...

Octaviar - the perils of procrastination
Insight 13 Mar 2015

In two decisions arising from the Octaviar liquidation the High Court has given guidance on liquidators ability to seek extensions of time for bringing voidable transaction claims The decisions also highlight the risks of such applications Partner Christopher Prestwich and Lawyer Julia Baine report ...

Workplace relations
Insight 04 Mar 2015

In this issue we look at recent important decisions concerning calculating payment of accrued leave on termination redundancy of senior executives the redundancy risk posed by attempts to forcibly relocate employees disaggregating lawful and unlawful reasons in adverse action termination claims and ...

Support for principals with bank guarantees
Insight 25 Jun 2015

A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...

Full Federal Court speaks on competing class actions
Insight 30 Aug 2018

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 ...

Australian Financial Complaints Authority: a 'one-stop-shop' for financial dispute resolution
Insight 19 Jul 2018

The new Australian Financial Complaints Authority is to replace each of the Superannuation Complaints Tribunal the Financial Ombudsman Service and the Credit and Investments Ombudsman in November 2018 ...

Distressed debt M&A - share transfers without a scheme
Insight 17 Feb 2015

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 ...

Asia Pacific international arbitration update
Insight 09 Apr 2014

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 ...

High Court rules mining leases and native title can co-exist
Insight 13 Mar 2014

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. ...

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