401-410 of 542 results
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 ...
Allens advises KKR on acquisition of certain Campbell international operations including Arnott's
As part of the transaction, KKR will acquire Arnott’s (the iconic Australian biscuit brand and a major driver of Campbell International’s sales), Campbell’s simple meals and snacking brands in ...
Comply or say bye to your franchise!
With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...
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 ...
Peer-to-peer lending - a disruptive threat to banks?
The expansion of peer to peer lending in Australia will likely be a disruptive force for both banks and broader commercial stakeholders ...
GST on offshore services and intangible supplies
GST is to be applied to the supply of services and other intangibles by non-residents to Australian consumers under legislation proposed to apply from 1 July 2017 This will include the supply of digital products and the supply of other services The liability for GST on such supplies made through an ...
High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...
Penalties: The final word
The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...
E-signature - a case study, but not a test case
A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...
Contractors face uphill battle restraining security calls
The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...