341-350 of 355 results
Allens insights: Merit appeals and the need for reform: Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc
In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court LEC to refuse approval for the expansion of the Warkworth Mine near Bulga NSW ...
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 ...
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 ...
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 ...
Court accepts market-based causation
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 ...
An opportunity for greater certainty for class action defendants
Class action settlement negotiations are often hindered by uncertainty about the number and identity of potential claimants A recent decision of the Supreme Court of NSW has paved the way for defendants to achieve greater certainty in respect of unregistered class members at an earlier stage than ...
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 ...
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 ...
Shareholder class actions in Australia
Class actions are an established and important part of the Australian legal landscape In recent years Australia has become the most likely jurisdiction outside of the United States in which a corporation will face significant class action litigation This evolution has been facilitated by recent ...