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The latest from the High Court on contractual interpretation
A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...
Land tax recovery - no, yes, no again
The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...
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 ...
Court finds PZ Cussons spotless in alleged laundry detergent cartel
Allens acted for PZ Cussons in successfully defending the first contested hub and spoke cartel case brought by the ACCC ...
Financial advice - vertically integrated institutions and conflicts of interest
ASIC has released its report on financial advice provided by vertically integrated institutions which is likely to be read with great interest by Commissioner Hayne and his team Senior Regulatory Counsel Michael Mathieson and Partner Michelle Levy report ...
Linklaters Insights: Corporate Update
In the latest edition of UK Corporate Update our global alliance partner Linklaters examines the recent key issues in corporate governance and company law including whether companies are using buybacks to inflate executive pay recent court cases of interest and the progress of corporate governance ...
Move to require big banks' participation in comprehensive credit reporting
The Federal Government has introduced draft legislation to establish a long-awaited mandatory comprehensive credit reporting regime for the major banks from 1 July 2018 Partner Gavin Smith Senior Associate Emily Cravigan and Lawyer Dougald Coulson report ...
Productivity Commission releases draft report on competition in the financial system
The Productivity Commissions draft report on competition in the financial system released earlier in February makes 25 draft recommendations a key focus of which are reforms to the regulatory system ...
Contract Law Update 2017
The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...
Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...