491-500 of 684 results
High Court limits proportionate liability regime and expands insurers' liability for costs
The High Court yesterday overturned a decision of the Full Court of the Federal Court and held that if the same loss is caused by both apportionable and non-apportionable claims proportionate liability does not apply to the non-apportionable claims The High Court also ordered that the defendants ...
Your 'Metadata' as Personal Information
In a decision published this week the Australian Privacy Commissioner has clarified that metadata may be personal information when an organisation has the capacity and resources to link that information to an individual Partner Michael Pattison Associate Priyanka Nair and Law Graduate Leah Wickman ...
Federal Court judgment in the Chevron transfer pricing case
The Federal Courts much-anticipated judgment in emChevron Australia Holdings v Commissioner of Taxationem is the next important step in the development of Australias transfer pricing rules Partners Martin Fry and Toby Knight discuss certain implications of the decision ...
Significant High Court decision on settlement of regulatory proceedings
The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...
Commissioner threatens to issue higher tax bills
The Commissioner of Taxation has in a recent Australian Senate Estimates hearing expressed frustration that companies potentially subject to Australias cross-border anti-avoidance laws including the new Multinational Anti-Avoidance Law or MAAL which have documents offshore outside the reach of his ...
Allens Accelerate: The startup investor tax concessions - what you need to know
The Federal Government has introduced a Bill detailing tax concessions to incentivise investment into Australian startups ...
Double recovery as a challenge to the enforcement of an arbitral award
The Victorian Court of Appeal has refused an application for leave to appeal against the enforcement of an arbitral award The applicants applied for leave to appeal on the basis that enforcement of the award would be contrary to public policy as it would give effect to double recovery by the ...
NSW to go it alone on a tort of privacy?
A New South Wales legislative committee has released a report following an inquiry into remedies for serious invasions of privacy in New South Wales In an unexpected and controversial move the report recommends that the NSW Government take the lead by introducing a statutory cause of action for ...
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 ...
Court refuses to approve class action settlement
In a recent Federal Court decision Justice Murphy refused to approve the settlement agreement between the parties to the Willmott class action finding that the terms of the settlement were not fair and reasonable ...