The availability of an investment agreement with the host government is fundamentally important for a foreign investor considering the development of a large-scale project in a developing country In its continued efforts to recapture inbound direct foreign investment the Government of Mongolia has ...

In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses ...

New legislation will amend the Personal Property Securities Act to remove the provision that deems leases of serial-numbered goods of more than 90 days to be a PPS lease These amendments will primarily benefit businesses in the leasing industry and will have a minimal but positive effect on ...

We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...

The landmark Korea-Australia Free Trade Agreement is expected to further strengthen the established complementary economic relationship between the two countries, and to provide new opportunities for cross-border investment and trade. ...

A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...

The Federal Government has released exposure draft legislation for the establishment of its proposed Emissions Reduction Fund Partner Grant Anderson and Lawyer Albert Yu report ...

The WA Supreme Court has provided important clarification on the enforcement of adjudication determinations by the use of statutory demands under that States security of payment legislation It has confirmed that leave to enforce an adjudication determination as a judgment must be obtained before the ...

ASIC recently issued a report on the handling of confidential information by listed entities and their advisers focusing on analyst and investor briefings and unannounced corporate transactions While the report does not identify any systemic issues it does highlight a number of areas of concern ...

Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...