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Competition law update
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 ...
The Japan-Australia Economic Partnership Agreement
Australia and japan have enetered into an economic partnership agreement to reducel tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. ...
High Court affirms governments' power to pass 'draconian' seizure laws
The High Court recently handed down its decision in Attorney-General NT v Emmerson Partner Peter ODonahoo Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the courts analysis of the limits on Commonwealth and Territory legislative power under the doctrine of ...
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 ...
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
Material adverse change
In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...
Confirmation of FATCA Status of Australian Superannuation Funds
The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...
ASIC proposes changes to fees and costs disclosure
ASIC has released for industry comment a draft Class Order which would amend the fees and costs disclosure requirements that apply to superannuation and managed investment products The key proposed amendments relate to the way in which indirect costs must be disclosed Senior Associate Simun Soljo ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
Australia has lifted certain sanctions on Iran
In response to recent confirmation that Iran has met its international nuclear commitments the Australian Government has lifted all nuclear-related economic and financial sanctions against that country ...