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Penalties: The final word
Insight 27 Jul 2016

The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...

Finally - a class action regime for Queensland
Insight 17 Aug 2016

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 ...

E-signature - a case study, but not a test case
Insight 29 Sep 2016

A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...

The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

Financial Services Class Actions
Insight 06 Sep 2016

Our class actions team recently published our Class Action Risk 2016 report The objective of the report is to look behind the headlines and hype that often surrounds class actions to provide a more holistic and objective assessment of class action risk for our clients This is particularly important ...

The Rolls-Royce bribery case and its implications in Australia
Insight 30 Jan 2017

A Deferred Prosecution Agreement in the United Kingdom which will see the Rolls-Royce company pay more than 500 million to settle charges of foreign bribery is the most significant UK DPA to date It is likely to influence the approach and expectations of the Australian Government and law enforcement ...

Forge-ing ahead - the treatment of fixtures under the PPSA
Insight 21 Feb 2017

Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...

Registering Indigenous Land Use Agreements - it's all or nothing
Insight 06 Feb 2017

In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...

English High Court provides important guidance on approach to LIBOR mis-selling claims
Insight 07 Feb 2017

The English High Court has handed down its judgment on the first major case following the global regulatory investigations into alleged LIBOR manipulation ...

Improving external dispute resolution schemes - rather odd recommendations
Insight 07 Feb 2017

It is difficult to describe the interim recommendations of the Expert Panel reviewing the financial system external dispute resolution and complaints framework as anything other than odd ...

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