3671-3680 of 4443 results
'Fraud on the market' theory survives challenge in the US
Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...
ASIC grants more time to update websites and some relief from fees and costs disclosure
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 ...
Vendor's IM - Get it wrong, pay the damages bill
A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...
Emissions Reduction Fund Exposure Draft Legislation Released
The Federal Government has released exposure draft legislation for the establishment of its proposed Emissions Reduction Fund Partner Grant Anderson and Lawyer Albert Yu report ...
Warkworth mine - another victim of over-regulation
The NSW Court of Appeal has upheld the Land and Environment Courts refusal of the proposed Warkworth mine expansion This case highlights the complexity and onerous nature of the environmental assessment regime for major projects in NSW which empowers the courts to overturn a project approval despite ...
Draft NSW Biodiversity Offsets Policy for Major Projects
The NSW Government has released a draft Biodiversity Offsets Policy for Major Projects that will apply to the assessment of State Significant Development and State Significant Infrastructure Partner Paul Lalich Senior Associate Trent March and Lawyer Dennis Smith consider the implications of the ...
Carbon pollution reduction schemes? - China one way, Australia the other?
As part of its commitment to solving serious air pollution problems the Chinese Government has launched a variety of pilot schemes that will eventually pave the way for the establishment of a national emissions trading market These steps are in marked contrast to the position in Australia where the ...
More certainty for foreign corporations under Alien Tort Claims Act
Since a landmark decision has narrowed available claims against defendants under the Alien Tort Claims Act for alleged violations of customary international law US courts have sought to clarify exactly what geographical connection is required to justify a claim against corporate defendants Partner ...
Streamlining the regulation of environmental offsets in Queensland
Legislation recently introduced into the Queensland Parliament will establish a new regime for the provision and regulation of environmental offsets in Queensland Partner Bill McCredie Special Counsel Rosanne Meurling and Lawyer Julieane Bull report on the key changes and identify some matters yet ...
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...