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Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
Insight 28 Jan 2020

The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...

The WTO decision against Australia – what the law on paper might mean in practice
Insight 31 Jan 2020

At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...

COVID-19 and continuous disclosure: how you get ready
Insight 10 Mar 2020

It is critical that listed entities understand how COVID-19 is likely to impact their businesses and are prepared to make necessary disclosures to the ASX. To date, the majority of ASX-listed entities have not made any disclosure in relation to COVID-19. In this update we have set out a number of scenarios that should be considered by listed clients as part of the proper and ongoing assessment of the need for disclosure under the ASX Listing Rules. ...

PE Horizons 2020
Insight 05 Mar 2020

Record levels of capital and a turning market for Australia. It's a new decade for private equity (PE) in Australia. After a drop in activity in 2019, we expect both buyside and exit activity levels to pick up considerably in 2020. ...

Royal Commission: Round 3 - experiences with SME lending
Insight 02 Oct 2018

The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...

Competing class actions - no 'one size fits all' solution
Insight 22 Nov 2018

The Full Federal Court has held that when the court is faced with multiple competing class actions in relation to the same issue it can choose one to proceed and stay the others In doing so it said that there is no one size fits all solution to the problem of competing class actions and that ...

International Arbitration - Australian courts' power to grant interim freezing orders
Insight 02 Nov 2018

The WA Court of Appeal has taken an expansive view of the power that Australian courts have to grant interim orders in support of international arbitrations. ...

New APRA prudential standard raises bar for information security obligations and incident notification requirements
Insight 15 Nov 2018

As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...

The ins and out (goings) of responsible lending
Insight 13 Nov 2018

Very broadly speaking current legislation relating to responsible lending says that a person must not recommend or make an unsuitable loan to a consumer - an unsuitable loan being one that either does not meet the consumers requirements and objectives or imposes repayment obligations that they are ...

Class action amounts to multiple claims under insurance policy
Insight 03 Dec 2018

The decision in a recent Supreme Court of New South Wales case where indemnity was sought for costs incurred defending and settling a class action highlights a potential gap in coverage under civil liability insurance policies Partner Louise Jenkins Senior Associate Julia Clemente and Lawyer Calypso ...

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