441-450 of 726 results
Court enforces four-year restraint
A court has enforced a four-year restraint of trade clause in a business sale contract, preventing a part-time employee from taking up employment with a competitor after selling his stake in the business. ...
Workplace relations
In this issue we look at recent important decisions concerning calculating payment of accrued leave on termination redundancy of senior executives the redundancy risk posed by attempts to forcibly relocate employees disaggregating lawful and unlawful reasons in adverse action termination claims and ...
Last minute increase to scheme consideration - a more flexible approach?
A recent Federal Court decision shows a pragmatic approach by the court, in relation to takeover bids effected by way of scheme of arrangement ...
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. ...
Back to basics: Managing supply chain risk from an Australian product liability perspective
Allens Partners Phillip Cornwell Michael Ryan and Ben Farnsworth were part of the global panel analysing the project finance market including key economies regional analysis and PPPs In Getting the Deal Throughs second annual issue focusing on the global project finance markets Phillip Michael and ...
Australia's expanding network of investment treaties and investor-state dispute settlement
Australia continues to expand its network of investment treaties In light of this Australian investors should consider a review of the treaty protections that apply to their foreign investments If a treaty includes an investor-State dispute settlement mechanism the investor may be able to resolve ...
Further guidance on promoter penalty provisions
The Federal Court has recently had another opportunity to consider the application of the promoter penalty provisions in the Taxation Administration Act The Federal Courts recent decision indicates that the promotion of schemes that are clear and deliberate tax exploitation schemes will result in ...
Investigations - ICAC has its wings clipped
By a two to one majority the NSW Court of Appeal has held that the Independent Commission Against Corruption had no power under the ICAC Act to investigate an allegation to the effect that as a result of conduct involving an alleged intention to pervert the course of justice a public official had ...
Allens insights: Merit appeals and the need for reform: Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc
In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court LEC to refuse approval for the expansion of the Warkworth Mine near Bulga NSW ...
Court accepts market-based causation
Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...