71-80 of 130 results
No 'leap of faith' as Federal Court rejects ASIC's policy avoidance case
Just as the summer holidays began at the end of 2023, Justice Jackman of the Federal Court handed down judgment in ASIC v Zurich Australia Limited. ...
New FIDIC practice note on DAABs
A new practice note on dispute avoidance and adjudication boards (DAABs) was released by the International Federation of Consulting Engineers (FIDIC) late last year. ...
New year review: contract resets in the infrastructure sector
A new year often brings with it an opportunity to review, reflect and….reset? The infrastructure sector has been subject to significant and unpredictable pressures in the last five years which has meant that contracts that were once fit for purpose are no longer responding to risks appropriately. ...
Courts refuse to order disclosure of insurance and financial documents for use in mediation in class actions
In this Insight, we consider some decisions in the Federal Court and Victorian Supreme Court that provide examples of how plaintiffs are framing applications for documents in the context of mediation, and when courts will consider it inappropriate to order their production. ...
Are data breaches a money laundering and terrorism financing risk?
The Australian Transaction Reports and Analysis Centre has published new guidance recommending that reporting entities assess the potential impact of data breaches on the money laundering and terrorism financing risks they face. In this Insight, we explain the new guidance and what it means. ...
Optus decision highlights challenges for privilege claims over investigation reports
Optus decision highlights challenges for privilege claims over investigation reports. ...
Corporate trustees: no fiduciary duty owed by a successor trustee to its predecessor
A recent New South Wales Court of Appeal judgment has resolved a difficult question concerning the law of corporate trustees, and serves as a practical reminder of the difficulties faced, in particular, by insolvency practitioners appointed to insolvent former trustees. ...
Best practice approach to communications between principals and superintendents
This Insight sets out practical tips on achieving best practice communications between principals and superintendents in order to avoid any perception of bias, and summarises recent case law on the consequences of failing to heed this guidance. ...
A twist in the road for auto class actions
This Insight summarises our key takeaways from the decision and includes our reflections on the implications for the class action risk facing automakers. ...
Latest constitutional challenge to notional GST fails
Two recent decisions - Hornsby Shire Council v Commonwealth; and Landcom v Commissioner of Taxation - have rejected constitutional challenges to the notional goods and services tax (GST) voluntarily paid by the Commonwealth, states, local councils and statutory authorities. ...