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The latest from the High Court on contractual interpretation
Insight 30 Mar 2017

A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...

Improving accountability and member outcomes in superannuation?
Insight 25 Jul 2017

The Federal Governments proposed new superannuation legislation imposes significant new obligations on RSE licensees and could have a material effect on shareholders The Allens Superannuation team reports on the key changes ...

Class actions game changer averted - for now
Insight 10 Aug 2015

A potential game changer that sought to test the boundaries of the class action regime has been averted after the Federal Court refused to make a common fund order in the shareholder class action against Allco Finance The court has however questioned whether legislative reform is required to deal ...

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. ...

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 ...

Increased whistleblower protections, and more to come...
Insight 24 Nov 2016

The Federal Parliament has passed an industrial relations bill that includes significant increases to the whistleblower protections applicable to unions and employer organisations In what would be a comprehensive overhaul of Australias whistleblower laws the Federal Government has separately agreed ...

Competition law update
Insight 17 Jun 2014

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 ...

ASIC's enforcement powers may receive a boost
Insight 05 Feb 2015

In preparing its Final Report the FSI has clearly paid close attention to the report of the Senate Economics References Committees Report into ASICs performance and its recommendations designed to strengthen ASIC through a combination of better funding an enhanced regulatory toolkit and higher ...

Court takes an expansive view of threshold requirement for class actions against multiple respondents
Insight 08 Sep 2014

A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...

ASIC grants more time to update websites and some relief from fees and costs disclosure
Insight 17 Jun 2014

ASIC issued Class Order 14509 yesterday providing late but welcome breathing space for superannuation trustees to update their websites to disclose executive remuneration and other information The Class Order provides safe harbour timeframes for disclosure And today ASIC has released Information ...

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