511-520 of 658 results
Finality: an important objective of class actions
The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...
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 ...
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 ...
'Safety net' or 'trampoline'? Emissions safeguard mechanism draft rules released
The Federal Government has released its draft rules for the emissions safeguard mechanism which will impose financial penalties of up to 18 million on businesses that emit more than their allocated emissions baselines ...
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 ...
High Court rules on freezing orders for prospective overseas judgments
The High Court of Australia recently upheld the Western Australian Court of Appeals decision allowing for the WA Supreme Court to make freezing orders for a prospective judgment in Singapore The core of the decision was a finding that the federal jurisdiction of state Supreme Courts to register ...
Back to basics: Managing supply chain risk from an Australian product liability perspective
Allens Partners Phillip Cornwell Michael Ryan and Ben Farnsworth were part of the global panel analysing the project finance market including key economies regional analysis and PPPs In Getting the Deal Throughs second annual issue focusing on the global project finance markets Phillip Michael and ...
Full Federal Court blocks US depositions for Australian class action
The Full Federal Court has ordered an anti-suit injunction against the applicant and a group member in the Treasury Wine Estates shareholder class action preventing the taking of oral depositions from US-based employees under US court procedures Partner Duncan Travis and Associate Michela Agnoletti ...
The driver, the racing team, the Grand Prix and the court - high-speed arbitration enforcement in the Victorian Supreme Court
In just over a week of fast-paced litigation the Supreme Court of Victoria acted quickly and decisively to enforce an international arbitration award Partner Duncan Travis view CV and Associate Christopher Holland report on the litigation between Dutch driver Giedo van der Garde and Formula One ...
Draft rules and more consultation for the Asia Region Funds Passport
APECs Working Group on the proposed Asia Region Funds Passport has issued a second consultation paper on the rules and operational arrangements for the Passport and seeks views from the public on a limited number of issues Managing Associate Janna Vynokur and Senior Associate Matthew Symmons report ...