3511-3520 of 4474 results
High Court limits proportionate liability regime and expands insurers' liability for costs
The High Court yesterday overturned a decision of the Full Court of the Federal Court and held that if the same loss is caused by both apportionable and non-apportionable claims proportionate liability does not apply to the non-apportionable claims The High Court also ordered that the defendants ...
OECD releases report on Australia's anti-bribery enforcement
The OECD Working Group on Bribery has issued a follow-up report on the extent to which Australia is meeting its obligations under the OECD Anti-Bribery Convention The OECD has recommended further law reform and other measures to boost enforcement of foreign bribery offences Partner Rachel Nicolson ...
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 ...
Website-blocking injunctions to prevent online piracy
In an effort to reduce the rate of online copyright infringement the Australian Government has introduced a Bill that will allow copyright owners to apply for an injunction requiring internet service providers to take steps to block piracy websites from their users Senior Associate Jonathan ...
Pre-emptive rights decision flags need for careful drafting
The Western Australian Supreme Court has handed down a decision that has significant implications for the drafting of pre-emptive rights clauses in both joint ventureoperating agreements and shareholders agreements The decision also has ramifications for the conduct of sale transactions that involve ...
New Developer Levies to apply in Victoria
Legislation has been introduced in Victoria to provide for new standard infrastructure levies to fund local infrastructure such as roads community centres kindergartens maternal and child health facilities local parks and sporting facilities ...
Shareholder activism: Full Court says no to revolution by resolution
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 ...
To bee, or not to bee… Generalised health claims under the Food Standards Code?
The New Zealand Court of Appeal considered an application by a honey producer seeking a declaration that the labelling of its honey products complied with the requirements for nutrition, health and related claims under the Food Standards Code. ...
Revisions to FIRB Guidance Note 23: clarity for foreign government investors
Recent reforms to the Foreign Acquisitions and Takeovers Act 1975 Cth introduced new provisions that deem foreign government investors of the same country to be associates of each other These provisions have created practical difficulties for foreign government investors who risk unintentionally ...
Privilege during class action investigations - no client required
Our recently released Class Action Risk 2016 report highlights the effect of lawyer and funder entrepreneurialism on the class action landscape Last weeks decision in the ongoing confidentiality dispute between IOOF Holdings Limited and Maurice Blackburn has provided a rare insight into the way ...