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The Federal Court on information to third parties, legal professional privilege and waiver
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 ...
Emissions Reduction Fund Exposure Draft Legislation Released
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 ...
Material adverse change
In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...
Federal Court - another arbitration-friendly decision
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 ...
High Court rules mining leases and native title can co-exist
The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...
Investor-State dispute settlement under the Korea-Australia Free Trade Agreement
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 ...
Competition law update
In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...
Government abandons some not-for-profit sector tax reforms
The Federal Government has announced that it will proceed with only one of the backlog of announced but unlegislated reforms to the taxation of charities and other not-for-profit entities proposed by previous governments Special Counsel Glenys Hodges and Lawyer Scott Lang report on the fate of the ...
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...
Key trends in the Australian products liability space - 2018
We have seen in recent years an increasing level of activity in the Australian regulatory landscape The current Banking Royal Commission is just one example of many dominating boardrooms and newsfeeds Regulators are taking action more often are seeking higher penalties and are seeking to expand the ...