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Class action and litigation funding review - ALRC grapples with thorny issues
Insight 06 Jun 2018

As part of its current inquiry into class actions and litigation funders the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding In general it ...

Arbitration Roundup
Insight 22 Dec 2015

The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

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 ...

The year to come for Australia's Anti-Money Laundering and Counter-Terrorism Financing regime
Insight 27 Feb 2015

Having recently acquired a new CEO and a significant funding boost AUSTRAC is being closely watched by reporting entities for an indication of its future direction and priorities both at the policy and the enforcement level In light of this and with major review reports pending 2015 promises to be a ...

Costs decisions of the Queensland P&E Court - the year in review
Insight 29 Jan 2015

In the past 12 months there have been a number of important decisions of the Queensland Planning and Environment Court that provide an insight into the application of the courts discretion to award costs Special Counsel Rosanne Meurling and Senior Associate Michael Zissis discuss the lessons learned ...

Proposed Changes to ASX Guidance Note 8 on Continuous Disclosure
Insight 18 Mar 2015

The ASX has released a consultation paper on proposed changes to Guidance Note 8 related to analysts and investor briefings analysts forecasts consensus estimates and earnings surprises ...

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 ...

What next after FATF's mixed review of Australia's anti-money laundering and counter-terrorism financing regime?
Insight 11 May 2015

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 ...

Third parties are no bar to arbitration: A win for arbitration?
Insight 07 May 2015

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 ...

UN resolution could be the start of a binding treaty on business and human rights
Insight 13 Aug 2014

The UN Human Rights Council has recently passed resolutions that provide for the establishment of a working group to develop an international legally binding human rights instrument for transnational corporations as well as commissioning a report on the pros and cons of this approach Partner Rachel ...

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