451-460 of 730 results
Forge-ing ahead - the treatment of fixtures under the PPSA
Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...
International Arbitration - Australian courts' power to grant interim freezing orders
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. ...
Disputes as to the validity of an agreement - a matter for arbitration or the courts?
A recent decision of the High Court confirms the scope of arbitration clauses that refer disputes under a deed or agreement can be broad enough to capture disputes about the validity of the agreement ...
Predictive coding gets green light from an Australian court
The Victorian Supreme Court recently handed down the first decision of an Australian court to specifically consider and approve the use of predictive coding technology in a large-scale discovery exercise Partner Nick Rudge Managing Associate Kate Austin and Applied Legal Technology Manager Lisa ...
Using 'reasonable endeavours' - the importance of internal contractual standards
The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...
Contractors face uphill battle restraining security calls
The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...
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 ...
UK Supreme Court counters High Court on penalties
The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...
Allens advises DuPont on ACCC clearance
Allens has secured ACCC clearance on behalf of E.I. du Pont de Nemours and Company ( DuPont ) for its proposed merger with The Dow Chemical Company ( Dow ). The ACCC decision follows DuPont's joint ...
Emissions Reduction Fund Green Paper released
The Federal Government has released its Green Paper on the design of the Emissions Reduction Fund Partner Grant Anderson reports on this proposed centrepiece of the Governments Direct Action Plan ...