521-530 of 772 results
Government proposes major changes to privacy law
The Federal Government has proposed radically increased financial penalties and new powers for the Office of the Australian Information Commissioner in the wake of increased scrutiny of social media platforms and a growing consensus that Australias privacy legislation has fallen behind global norms ...
More certainty for foreign corporations under Alien Tort Claims Act
Since a landmark decision has narrowed available claims against defendants under the Alien Tort Claims Act for alleged violations of customary international law US courts have sought to clarify exactly what geographical connection is required to justify a claim against corporate defendants Partner ...
Investor-State dispute settlement under the Korea-Australia Free Trade Agreement
In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses ...
Asia Pacific international arbitration update
We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...
The ramifications of a Facebook rant
The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...
'Fraud on the market' theory survives challenge in the US
Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...
Adjudications under WA's SOPA legislation - enforcement by statutory demands clarified
The WA Supreme Court has provided important clarification on the enforcement of adjudication determinations by the use of statutory demands under that States security of payment legislation It has confirmed that leave to enforce an adjudication determination as a judgment must be obtained before the ...
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...
Update on the new costs rules in the Queensland Planning and Environment Court
A recent Queensland Planning and Environment Court decision sheds light on the application of the new rules for awarding costs following a trial Special Counsel Rosanne Meurling and Lawyer David Thorpe consider the recent judgment and provide an update regarding the implications for parties to ...
High Court rules mining leases and native title can co-exist
The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...