581-590 of 1168 results
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
Registering Indigenous Land Use Agreements - it's all or nothing
In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...
OAIC concludes investigation of Australian Red Cross data breach
OAIC concludes investigation of Australian Red Cross data breach where a one-off human error by a third party provider's employee led to a massive data breach that hit the Australian Red Cross Blood Service ...
Full Federal Court overturns decision allowing patent term extension of 'Swiss-style' claims
The Full Federal Court has unanimously held that patent term extensions are not available for second medical use claims involving the use of recombinant DNA technology This decision overturns a controversial finding of the Administrative Appeals Tribunal last year and means that any patent term ...
E-signature - a case study, but not a test case
A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...
Senate calls for rewards and increased protections for whistleblowers
A broadened definition of whistleblower reforms to establish greater protections for whistleblowers and increased sanctions for retaliatory conduct are some of the recommendations by a Senate committee looking into whistleblower protections in the corporate public and not-for-profit sector We expect ...
ASIC publishes draft funds management guidance
ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes corporate collective investment vehicles and passport funds and announced a consultation period which will run until 8 December Partners Marc Kemp and Penny ...
Latest word on competing class actions
The NSWSC has selected one of five ongoing class actions against AMP Limited to proceed, making a clear statement that multiple class actions raising similar issues should not be permitted without good reason ...
A new enforcement landscape for Australian corporations in 2019 and beyond
The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry Interim Report and a raft of announcements at the federal level over the past 12 months point clearly to a more robust enforcement environment for corporate Australia in 2019 and beyond Partner Paul ...
Human rights: The questions your board and executives should be asking
Australian boards and senior executives are expected to maintain oversight of risk and compliance issues such as bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliance In the last of a five-part series ...