591-600 of 1167 results
When are LDs a penalty?
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 ...
Full Federal Court rules against agreed civil penalties
Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...
Allens advises lenders on $22 billion debt financing
Allens has acted for a syndicate of 20 lenders that is providing the $22 billion needed for shopping centre group Westfield Group to complete its restructure and merge its Australian and New Zealan ...
Cool PE deal: Allens acts on sale of air conditioning business
Allens has acted for private equity firm Catalyst Investment Managers Pty Ltd in the sale of the Actrol Group to Reece Australia Limited for $280 million. Corporate Partner and Co-Head of the firm' ...
Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...
Personal advice and the best interests duty
There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...
Misuse of market power - Court rejects ACCC allegations against Pfizer
The full federal court have ruled in favour of Pfizer against the ACCC alleging that Pfizer used its market power for an anti-competitive purpose (s 46) and engaged in exclusive dealing conduct for the purpose of substantially lessening competition in the atorvastatin market (s 47). ...
A new era for Victoria's environmental protection
The Environment Protection Amendment Bill is the first major overhaul of Victorias environmental law in almost 50 years introducing a general environmental duty requiring all Victorian businesses, industry and community members to prevent environmental harm. ...
ASIC overhauls AFS licensing relief for foreign financial service providers
ASIC has released its consultation paper on licensing relief for foreign financial services providers proposing a new licensing regime that will be broadly in line with that applied to other AFS licensees, but with relief from some provisions of the Australian Corporations Act and the imposition of ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...