There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...

A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...

The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...