41-50 of 342 results
Assessing damages through the rear view mirror: Quantum issues in automotive class actions
Toyota Appeal gives comfort to automakers that courts will recognise efforts to resolve product defects. ...
When 'reliance damages' can be recovered after a breach of contract
A plaintiff can choose whether to seek reliance damages. ...
Laundy v Dyco – 'carrying on a business' when the law changes suddenly
The High Court, in recently considering the construction of a contract for the sale of the property and assets of a hotel business affected by the COVID-19 pandemic. We explain this important decision and its implications. ...
Dispute Resolution Boards: appointing DRB members and encouraging the diverse next generation of board members
In this Insight, we discuss the contractual structure governing the appointment of DRB members, how members are usually appointed, and possible modifications to the appointment process to reduce barriers for new entrants and increase the diversity of candidate pools and, consequently, DRBs. ...
Five questions on the minds of future-focused in-house counsel
In this Insight, we explore what’s front of mind for innovative legal professionals and share some practical examples of what leading legal functions are doing to improve legal service delivery in their organisations. ...
Planning for fair winds ahead: key risks for disputes in the Australian offshore wind industry
In this Insight, we outline some of the key risks which might give rise to disputes and how those risks can best be managed as Australia aims for fair winds ahead. ...
Is a change (to a stapled structure) as good as a (tax) holiday?
In the second case to consider the general anti-avoidance rule contained in Part IVA since it was amended in 2013, a single judge of the Federal Court has held that the overall restructuring of a loan securitisation business from a corporate group to a corporate group and a separate trust group, which ultimately became a stapled structure, was legitimate and not rendered ineffective for income tax purposes. ...
A success for successor fund transfers – court finds that secret commission offence provisions do not apply
A recent decision in the Queensland Supreme Court should provide confidence to superannuation funds seeking to engage in successor fund transfers (SFTs) that they will not need to obtain the prior assent of the court or members before proceeding with the transaction, at least where Queensland and Victorian laws apply. ...
The resurrection of rise and fall mechanisms in infrastructure contracts
Against the backdrop of the war in Ukraine, ongoing supply chain challenges associated with COVID-19 and a red-hot infrastructure market, 2022 was the year that Australian contractors firmly rejected the traditional approach to input cost risk allocation. ...
Supreme Court of WA sends EPC contractor back to arbitration
In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd the WASC had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement ...