631-640 of 730 results

ASIC's employee incentive scheme class orders - new and improved
Insight 31 Oct 2014

After much anticipation ASIC has released new employee incentive scheme class order relief Partner Greg Bosmans and Special Counsel Gadi Bloch members of Allens Head Office Governance team report on the implications for listed and unlisted companies ...

Court takes an expansive view of threshold requirement for class actions against multiple respondents
Insight 08 Sep 2014

A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...

International arbitration update
Insight 09 Sep 2014

In this issue we look at an unsuccessful challenge to the enforcement of foreign arbitral awards in the Federal Court of Australia recent changes to the arbitration rules of the Institute of Arbitrators and Mediators Australia the International Centre for Dispute Resolution and the London Court of ...

Isolated genetic material confirmed as patentable
Insight 12 Sep 2014

In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...

New opportunities for charities as 'directness' requirement ruled out
Insight 04 Sep 2014

The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...

Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
Insight 08 Sep 2014

In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...

Proposed reforms to create a consistent proportionate liability regime
Insight 31 Jan 2014

In response to concerns about inconsistencies across various state-based jurisdictions and following a public consultation process the Standing Council on Law and Justice has released revised draft model legislation to reform Australias proportionate liability laws Partner Andrea Martignoni and ...

School chaplaincy program remains out of bounds of federal power
Insight 26 Jun 2014

In a decision that has potential implications for a raft of Federal Government programs the High Court held that legislation passed to authorise hundreds of government funding arrangements is invalid insofar as it relates to the national schools chaplaincy program The decision once again confirms ...

Federal Court - another arbitration-friendly decision
Insight 15 May 2014

In a recent decision the Federal Court dismissed an application to set aside an arbitral award rendered in Australia on the basis that it breached the rules of natural justice In doing so the courts decision recognised the limited scope of the grounds upon which an award can be set aside under ...

The Federal Court on information to third parties, legal professional privilege and waiver
Insight 21 May 2014

A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...

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