401-410 of 449 results

Public authorities - reduced protection against negligence
Insight 19 Dec 2014

In coming to a recent decision the Queensland Supreme Court has taken a narrow view of a section of that states civil liability legislation that was designed to limit the liability of public authorities in Queensland Partner Nicholas Ng and Senior Associate Goran Gelic report on this decision and ...

Statutory assumptions for lenders dealing with companies - useful but are they limited?
Insight 03 Feb 2014

This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...

Compliance with multi-tiered dispute resolution clauses
Insight 28 Jul 2016

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 ...

Federal Court judgment in the Chevron transfer pricing case
Insight 10 Nov 2015

The Federal Courts much-anticipated judgment in emChevron Australia Holdings v Commissioner of Taxationem is the next important step in the development of Australias transfer pricing rules Partners Martin Fry and Toby Knight discuss certain implications of the decision ...

High Court examines powers of responsible entities
Insight 07 Nov 2014

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

Fighting to protect Fintech innovations
Insight 03 Dec 2014

The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...

Supreme Court decision limits the scope of landholder duty in Queensland
Insight 03 Feb 2015

The Queensland Supreme Court has held that mining leases did not constitute an interest in land for the purposes of the former land rich duty regime While subsequent amendments to the Duties Act 2001 Qld mean that mining tenements are now treated as an interest in land the decision provides much ...

Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
Insight 16 Sep 2014

A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...

Your 'Metadata' as Personal Information
Insight 07 May 2015

In a decision published this week the Australian Privacy Commissioner has clarified that metadata may be personal information when an organisation has the capacity and resources to link that information to an individual Partner Michael Pattison Associate Priyanka Nair and Law Graduate Leah Wickman ...

Rethinking ‘natural’ history
Insight 22 Jul 2018

Is there more than one reason to call a product ‘natural’? The FCAFC thinks so, overturning Justice Katzmann’s finding that it is misleading to describe a product as ‘natural’ if it is not made wholly or substantially from natural ingredients. ...

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