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Strangers no more - Taking action against an insolvent defendant's insurer
Insight 16 Feb 2016

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 ...

House of Representatives passes misuse of market power Bill
Insight 29 Mar 2017

The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...

Business risk in international trade and investment
Insight 31 Mar 2017

This insight explores the key questions that Australian boards and senior executives (who maintain oversight of risk and compliance issues) should be asking about the security of their foreign investments in 2017. ...

Supply chains in the spotlight: Establishing an Australian Modern Slavery Act
Insight 21 Feb 2017

The Australian Government has announced the launch of a broad inquiry into establishing a Modern Slavery Act in Australia The inquiry will consider whether the introduction of anti-slavery legislation would strengthen and improve Australias current regime to combat slavery If introduced a Modern ...

A safe harbour for now - product liability risk exposure stemming from human rights abuses in supply chains
Insight 02 May 2016

Globalisation has created significant benefits for consumers by making products cheaper to purchase It has allowed consumers to access food that is out of season from halfway across the globe or regularly update the model of their phone However the long and complex supply chains that facilitate ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Another win for arbitration
Insight 07 Aug 2014

The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...

Does legal professional privilege apply to communications with third-party commercial advisers?
Insight 14 Aug 2014

Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...

More (good) Queensland property law changes (inc. up to 20% deposits!!)
Insight 04 Jun 2014

Further amendments to existing property legislation that aims to streamline the sale of property particularly in respect of the sale of off-the-plan lots have been introduced into the Queensland Parliament These amendments will be of substantial benefit to developers Partner Alister Fitzgerald ...

Workplace Relations
Insight 25 Jun 2014

We look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor the Fair Work Commissions position on legal representation a case that helps clarify when restructuring roles will create genuine redundancy whether a gift to employees who ...

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