651-660 of 733 results
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Significant 'blow' for penalties claims
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 ...
Third parties are no bar to arbitration: A win for arbitration?
The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...
What next after FATF's mixed review of Australia's anti-money laundering and counter-terrorism financing regime?
The Financial Action Task Force has released its report on the effectiveness of Australias anti-money laundering and counter-terrorism financing regime focusing on the extent to which it complies with international standards The reports findings and recommendations come at a key stage in the ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
Ashley Madison - litigation risks exposed
The recent hacking of website AshleyMadisoncom has exposed the websites parent companies to lawsuits in the US and Canada and has attracted the attention of the Australian Privacy Commissioner ...
Arbitration Roundup
This Insight examines the latest developments in international arbitration ...
The investment chapter of the Trans-Pacific Partnership
The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...
Report: Class Action Risk 2018
Class action risk continues to increase and is becoming more complex than ever before. Assessing this risk for your organisation is extraordinarily challenging and requires a broad-based perspective of the broader class actions landscape. ...
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 ...