3781-3790 of 4436 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 ...
'Chain of Responsibility' amendments impose new environmental obligations in Queensland
The Queensland Parliament has passed the Chain of Responsibility Bill with important amendments prior to enactment The amending Act establishes a new regime under the States primary environmental legislation that exposes related bodies corporate executive officers financiers shareholders and a ...
Double recovery as a challenge to the enforcement of an arbitral award
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 ...
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 ...
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 ...
Review into four major banks - money for consultants?
The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
Heinz Shredz: ACCC takes it first swing against the sweet stuff
Associate Adrian Chang and Lawyer Nick Boyd‑Caine report on the proceedings launched by the ACCC against Heinz in relation to their Shredz products, and what that action says about today’s food regulatory environment. ...
A blow to class action judgments achieving finality
In a recent decision, the High Court considered that a successful class action defendant cannot rely on mere failure by members of a class action to opt out of group proceedings to establish that these members are subsequently prevented from raising other claims ...