3731-3740 of 4449 results
ASIC's take on forward-looking statements
ASIC has recently raised concerns about forward-looking statements by Australian miners that are made on the basis of preliminary scoping or feasibility studies In a new Information Sheet it has suggested that without certainty as to project funding such statements could constitute misleading ...
Resolving and valuing disputed variation claims under BCIPA in Victoria
The Victorian Court of Appeal has confirmed that a dispute resolution clause providing for mediation is insufficient to exclude variations claims from the statutory adjudication process under the Victorian Security of Payment regime The decision also confirms that when determining the value of a ...
Diverted Profits Tax
Among other measures designed to combat multinational tax avoidance contained in the 2016-17 Budget is the intended introduction of an Australian Diverted Profits Tax DPT This will broadly replicate the second limb of the existing United Kingdom DPT It will address profit shifting by Australian ...
Compliance with multi-tiered dispute resolution clauses
The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...
Court determines Native Title compensation for the first time
Yesterday afternoon the Federal Court handed down a decision which for the first time provided judicial consideration of how to calculate native title compensation A decision on this issue has been long awaited ever since the Native Title Act commenced in 1994 Partner Ben Zillmann Senior Associate ...
Brexit and financial services regulation
The idea that the UK could on leaving the EU simply walk away from a significant amount of EU financial services regulation seems fantastical It is likely that the UK will instead have to adopt on exit vast amounts of EU financial services regulation However the UK will have no say on the future ...
AMITs are here (at last)
It has taken a while but out of the dust of an early Federal Budget and double-dissolution election announcement a new tax attribution regime for Attribution Managed Investment Trusts has emerged relatively intact While the AMIT regime should generally be welcomed as a positive thing for MITs in ...
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 ...
Court refuses to approve class action settlement
In a recent Federal Court decision Justice Murphy refused to approve the settlement agreement between the parties to the Willmott class action finding that the terms of the settlement were not fair and reasonable ...
The ACCC will be watching you pass on the bucks
The ACCC has been given powers to monitor and enforce compliance with new laws prohibiting merchants from charging excessive payment surcharges Partner Carolyn Oddie Associate Theodore Souris and Lawyer Emma Gorrie report ...