511-520 of 780 results
Managing shareholder activism - who is in the driver's seat?
The recent New South Wales Supreme Court decision of Molopo Energy Limited v Keybridge Capital Limited reflects the continuing growth of shareholder activism in the Australian corporate landscape The case is a reminder that boards need to remain aware of developing activist strategies particularly ...
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 ...
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 ...
Clarity on what constitutes a misleading consumer guarantee representation
A recent Full Federal Court decision has provided welcome clarity on what constitutes a misleading consumer guarantee representation. ...
A development from the English Court of Appeal regarding legal professional privilege in internal investigations
In a recent judgment the English Court of Appeal reversed a controversial High Court decision that had severely limited the application of legal professional privilege in internal investigations under English law The decision has consequences for Australian corporates conducting cross-border ...
Contract Law Update 2018
This Insight examines the latest developments in contract law ...
South Australian Royal Commission heads developments in uranium sector
The South Australian Government has released the draft terms of reference for the recently-announced Royal Commission to inquire and report on the potential for South Australia to deepen its involvement in the nuclear fuel cycle Partner Richard Malcolmson Managing Associate Hilary Birks and Senior ...
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 ...
Website-blocking injunctions to prevent online piracy
In an effort to reduce the rate of online copyright infringement the Australian Government has introduced a Bill that will allow copyright owners to apply for an injunction requiring internet service providers to take steps to block piracy websites from their users Senior Associate Jonathan ...
Privilege during class action investigations - no client required
Our recently released Class Action Risk 2016 report highlights the effect of lawyer and funder entrepreneurialism on the class action landscape Last weeks decision in the ongoing confidentiality dispute between IOOF Holdings Limited and Maurice Blackburn has provided a rare insight into the way ...