861-870 of 1177 results

Full Federal Court blocks US depositions for Australian class action
Insight 18 Apr 2016

The Full Federal Court has ordered an anti-suit injunction against the applicant and a group member in the Treasury Wine Estates shareholder class action preventing the taking of oral depositions from US-based employees under US court procedures Partner Duncan Travis and Associate Michela Agnoletti ...

Draft legislation released to improve corporate law compliance burden
Insight 17 Apr 2014

An exposure draft of proposed legislative amendments designed to reduce the compliance burden for businesses has been released by the Federal Government The amendments include long-awaited changes to the dividend payment rules the abolition of the 100 member rule and updates to remuneration ...

Vendor's IM - Get it wrong, pay the damages bill
Insight 08 Apr 2014

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 ...

High Court rules mining leases and native title can co-exist
Insight 13 Mar 2014

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. ...

Shareholder activism: Full Court says no to revolution by resolution
Insight 18 Jul 2016

At a time of increasing shareholder activism a recent decision of the Full Court of the Federal Court has confirmed that activist shareholders have a very limited part to play in the exercise of a boards power in the management of a company Partners Kim Reid and Julian Donnan and Associate Manu ...

Compliance with multi-tiered dispute resolution clauses
Insight 28 Jul 2016

The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...

AMITs are here (at last)
Insight 02 Jun 2016

It has taken a while but out of the dust of an early Federal Budget and double-dissolution election announcement a new tax attribution regime for Attribution Managed Investment Trusts has emerged relatively intact While the AMIT regime should generally be welcomed as a positive thing for MITs in ...

Brexit and financial services regulation
Insight 06 Jul 2016

The idea that the UK could on leaving the EU simply walk away from a significant amount of EU financial services regulation seems fantastical It is likely that the UK will instead have to adopt on exit vast amounts of EU financial services regulation However the UK will have no say on the future ...

Take care! Court confirms the devil in the details for PPSA registrations
Insight 10 Feb 2017

In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...

Anti-bribery & corruption: Key questions for boards and executives
Insight 06 Mar 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliancenbspIn the first of a five-part ...

Refine