471-480 of 731 results
'Fraud on the market' theory survives challenge in the US
Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...
Will ASIC shift its regulatory focus from disclosure to suitability?
The Financial System Inquiry inevitably the Murray Inquiry is the successor of the Campbell Inquiry 1979-1981 and the Wallis Inquiry 1996-1997 Both the Campbell and Wallis reports considered that investors were best protected through disclosure and market integrity rules Both reports assumed that ...
First steps in Constitutional recognition of Aboriginal and Torres Strait Islander peoples
The Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples has released its interim report The report indicates that there is likely to be bipartisan support for constitutional amendments giving specific recognition to Aboriginal and Torres Strait ...
Competition law update
In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...
SOPA adjudications in Western Australia - only the applicant can win!
The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...
The limits of lawyer-driven litigation
A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...
Class Action Insights
In recent months the funding of class actions has been prominent in the legal press The issues canvassed have included the regulation of third party funders the case for and against lawyers charging contingency fees attempts by lawyers to establish third party funding vehicles the Productivity ...
Amendments to BCIPA regime passed in Queensland
The Queensland Parliament has passed amendments to the states security of payment legislation that aim to address concerns raised by the construction industry about unfairness in the payment claim and adjudication process ...
Term of mutual trust and confidence not implied into Australian employment contracts
A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...
High Court examines powers of responsible entities
The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...