3901-3910 of 4059 results
Another win for arbitration
The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...
Does legal professional privilege apply to communications with third-party commercial advisers?
Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...
The China-Australia Free Trade Agreement
After almost 10 years of negotiations between the nations on 17 November 2014 Prime Minister Abbott and President Xi announced the conclusion of negotiations on the China Australia Free Trade Agreement ChAFTA Once implemented the ChAFTA is expected to significantly reduce import barriers for ...
Important clarifications of Australian trade mark registrability
Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
Timing is everything: Major shareholders exclusions in D&O insurance policies
A recent Victorian Supreme Court decision has resolved a disputed construction of a major shareholder exclusion in a DO policy in the insurers favour after considering the broad commercial purpose of these provisions Partner Andrew Maher and Law Graduate Shelley Drenth report ...
Third parties are no bar to arbitration: A win for arbitration?
The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...
A tangled web - the regulatory framework and its power players
The draft legislation the Federal Government released to establish a regulatory framework for the implementation of a new Consumer Data Right will radically reform the data protection regime in Australia ...
Risky business - remedies and enforcement powers for CDR breaches
As part of the new Consumer Data Right CDR framework a new regime of offences remedies and enforcement powers will be implemented The Australian Competition and Consumer Commission ACCC will have primary oversight for the enforcement of the regime though the OAIC will handle privacy complaints in ...
The devil in the detail - observations on the scope of CDR data and the new Privacy Safeguards
While the Consumer Data Right CDR regime is likely to benefit businesses by increasing access to greater consumer data and customers by increasing choice and competition the draft legislation leaves a lot of the details to be finalised at a later date primarily through the Australian Competition and ...