401-410 of 444 results

Clarity on what constitutes a misleading consumer guarantee representation
Insight 04 Jul 2018

A recent Full Federal Court decision has provided welcome clarity on what constitutes a misleading consumer guarantee representation. ...

US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
Insight 20 Jul 2018

In a decision on human rights litigation that has important consequences for business a divided US Supreme Court has held that foreign corporations will not be held liable in suits brought under the Alien Tort Statute Partner Rachel Nicolson Associate Shamistha Selvaratnam and Graduate Calypso ...

Confidentiality lost in court – restraining an independent contractor
Insight 05 Sep 2018

An independent contractor kept and used a client list, but the New South Wales Court of Appeal decided the list had lost its confidentiality because it had been disclosed in court. ...

Navigating split dispute resolution clauses – where's Google Maps when you need it?
Insight 15 Jul 2019

A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...

What you need to know about the draft Equator Principles 4
Insight 11 Jul 2019

This insight explores the potential impact of changes proposed in the consultation draft of Equator Principles 4 which entails a greater focus on climate change, human rights and social risk. ...

A multi-million dollar question – aggregating claims in class actions
Insight 08 Aug 2019

The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited1 that, under the terms of a civil liability insurance policy, each Class Member Registration For ...

ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

Strangers no more - Taking action against an insolvent defendant's insurer
Insight 16 Feb 2016

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...

Practical pitfalls and the sacrosanct limitation of liability clause
Insight 07 Oct 2016

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

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