471-480 of 591 results
The Rolls-Royce bribery case and its implications in Australia
A Deferred Prosecution Agreement in the United Kingdom which will see the Rolls-Royce company pay more than 500 million to settle charges of foreign bribery is the most significant UK DPA to date It is likely to influence the approach and expectations of the Australian Government and law enforcement ...
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 ...
You've got to be perfected - Equipment leasing and the PPSA
A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...
Being 'professional' under D&O insurance policies
In a recent decision the Full Federal Court has clarified the scope of a professional services exclusion in a Directors Officers insurance policy Partner Andrew Maher and Senior Associate Andrew Lazzaro report on a case that gives some guidance on the relationship between professional indemnity and ...
Coming this spring: ACCC to monitor large merchants' payment surcharges
The Reserve Bank has now released a Standard which sets out what payment surcharges will be permitted for the purposes of the new Part IVC of the Competition and Consumer Act 2010 Cth The aim of the Standard is to improve competition and efficiency by providing to consumers price signals associated ...
Disclosing privileged documents to regulators
The case of Cantor v Audi provides insights into what you should consider before providing privileged documents to a regulator. ...
The Japan-Australia Economic Partnership Agreement
Australia and japan have enetered into an economic partnership agreement to reducel tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. ...
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
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 ...
Material adverse change
In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...