3361-3370 of 4024 results

Court accepts market-based causation
Insight 21 Apr 2016

Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...

Court refuses to approve class action settlement
Insight 12 Apr 2016

In a recent Federal Court decision Justice Murphy refused to approve the settlement agreement between the parties to the Willmott class action finding that the terms of the settlement were not fair and reasonable ...

Significant High Court decision on settlement of regulatory proceedings
Insight 09 Dec 2015

The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...

'Chain of Responsibility' amendments impose new environmental obligations in Queensland
Insight 28 Apr 2016

The Queensland Parliament has passed the Chain of Responsibility Bill with important amendments prior to enactment The amending Act establishes a new regime under the States primary environmental legislation that exposes related bodies corporate executive officers financiers shareholders and a ...

Double recovery as a challenge to the enforcement of an arbitral award
Insight 01 Mar 2016

The Victorian Court of Appeal has refused an application for leave to appeal against the enforcement of an arbitral award The applicants applied for leave to appeal on the basis that enforcement of the award would be contrary to public policy as it would give effect to double recovery by the ...

Full Federal Court blocks US depositions for Australian class action
Insight 18 Apr 2016

The Full Federal Court has ordered an anti-suit injunction against the applicant and a group member in the Treasury Wine Estates shareholder class action preventing the taking of oral depositions from US-based employees under US court procedures Partner Duncan Travis and Associate Michela Agnoletti ...

NSW to go it alone on a tort of privacy?
Insight 11 Mar 2016

A New South Wales legislative committee has released a report following an inquiry into remedies for serious invasions of privacy in New South Wales In an unexpected and controversial move the report recommends that the NSW Government take the lead by introducing a statutory cause of action for ...

Defining the objective of superannuation
Insight 09 Mar 2016

The Government released a discussion paper on the Objective of Superannuation today The paper says that the Government will enshrine in legislation the primary objective recommended by the Financial System Inquiry being To provide income in retirement to substitute or supplement the Age Pension ...

Life insurance remuneration draft regulations released
Insight 13 Apr 2016

The Government has released an exposure draft of the Corporations Amendment Life Insurance Remuneration Arrangements Regulations 2016 The draft regulations provide some further detail to support the implementation of the Corporations Amendment Life Insurance Remuneration Arrangements Bill 2016 which ...

Shareholder activism: Full Court says no to revolution by resolution
Insight 18 Jul 2016

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 ...

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