431-440 of 512 results
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
Healthcare trend watch 2019
The healthcare team at Allens reports on some key trends and sectors to look out for in 2020. ...
When performance is personal – the hazards of subcontracting without consent
A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...
There's no such thing as a free lunch (or road): user charges and road pricing
Whether or not to more broadly adopt a user-pays model for road infrastructure is a contentious debate within Australia A number of industry participants and bodies have shown leadership in framing and enriching the debate while others have sought to politicise or inflame the core issues Partner ...
How to avoid anti-money laundering compliance headaches - financial product issues
Issues of securities interests in managed investment schemes and other types of financial products typically involve a number of designated services under Australias anti-money laundering and counter terrorism financing AMLCTF regime However in the midst of preparing governing documents disclosure ...
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 ...
VCAT advisory opinion outlines limits on recovery of certain landlord outgoings
A recent advisory opinion from the Victorian Civil and Administrative Tribunal outlines certain limits on the maintenance repair and compliance costs that a landlord can recover from tenants under Victorian leases particularly retail premises leases Partner John Beckinsale Special Counsel Christine ...
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 ...
The low down on tall towers in Melbourne
Recent press reports have made much of Leanne Hodyls Churchill Fellowship report findings that high-rise apartment towers are being built within Melbournes Hoddle Grid at four times the maximum densities allowed in cities such as Hong Kong New York and Tokyo In the light of this report Managing ...
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. ...