371-380 of 714 results
Using 'reasonable endeavours' - the importance of internal contractual standards
The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...
Forge-ing ahead - the treatment of fixtures under the PPSA
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. ...
Increased whistleblower protections, and more to come...
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 ...
Supply chains in the spotlight: Establishing an Australian Modern Slavery Act
The Australian Government has announced the launch of a broad inquiry into establishing a Modern Slavery Act in Australia The inquiry will consider whether the introduction of anti-slavery legislation would strengthen and improve Australias current regime to combat slavery If introduced a Modern ...
Class actions game changer averted - for now
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 ...
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 ...
Full Federal Court blocks US depositions for Australian class action
The Full Federal Court has ordered an anti-suit injunction against the applicant and a group member in the Treasury Wine Estates shareholder class action preventing the taking of oral depositions from US-based employees under US court procedures Partner Duncan Travis and Associate Michela Agnoletti ...
Why we need to do more to fix our class action regime
The Victorian Law Reform Commissions inquiry into litigation funding and group proceedings provides an important and timely opportunity to reflect on the current operation of our class action regime The regime recognises and was designed to balance competing interests We believe more can be done to ...
Rising from the ashes - Treasury seeks input on combating illegal phoenix activity
Keeping up the momentum from the recent passing of its insolvent trading safe harbour and ipso facto legislation the Federal Treasury has released a consultation paper containing a package of reforms to deter and disrupt illegal phoenix activity Partner Alf Pappalardo and Lawyer Belinda Hennessy ...
Damages for employer's repudiation of employment contract
The Victorian Supreme Court has awarded Mr Loone, a Managing Principle with Crowe Horwath Australia, $423,445 in damages after a repudiation of his employment contract by his employer. ...