561-570 of 1168 results

More certainty for foreign corporations under Alien Tort Claims Act
Insight 28 Jan 2014

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 ...

Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

ASIC clamps down on SMSF advice
Insight 25 Jul 2015

ASIC has outlined its expectations for financial advice where the client is advised to set up a self-managed superannuation fund ASIC has done so in two publications released yesterday - one deals with the risks associated with SMSFs information sheet 205 and the other with the costs information ...

APRA's assessment of life insurers: 'must try harder'
Insight 03 Jul 2015

As an institution APRA can be partial to bureaucratese As keen readers of APRAs writings we sometimes find ourselves asking ndash what is APRA really saying here And that is a question worth asking when reading APRAs recent letter to life companies setting out its concerns with group insurance ...

Significant High Court decision on settlement of regulatory proceedings
Insight 09 Dec 2015

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 ...

The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...

Contractors face uphill battle restraining security calls
Insight 07 Mar 2016

The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...

Investment agreements in Mongolia: new regulations issued
Insight 21 Mar 2014

The availability of an investment agreement with the host government is fundamentally important for a foreign investor considering the development of a large-scale project in a developing country In its continued efforts to recapture inbound direct foreign investment the Government of Mongolia has ...

Seeing red over yellow
Insight 05 May 2014

The difficulty of registering a colour mark or word mark denoting a colour that include issues of market place recognition was highlighted by a recent set of appeals revolving around the use of the word Yellow in a tussle between various business directory goods and service providers Partner Sarah ...

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