1461-1470 of 2924 results
Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a contractor elects to terminate a contract as a consequence of repudiation. ...
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
Cartel Confessions: the latest Cartel Immunity Policy commences
ACCC's new Cartel Immunity and Corporation Policy which came into effect on 1 October 2019, now excludes concerted practices and requires a higher level of cooperation from parties seeking to obtain cartel immunity. ...
ASIC Corporate Governance Taskforce Report
ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...
All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...
Inducements in the corporate superannuation sector – guidance misses the mark
There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...
Report: National Electricity & Gas Rules Update: September 2019
In this update we summarise the progress of new and existing rule change requests across the months of July and August and take a closer look at the AER's review into the values of customer reliability. ...
UltraTune penalty put in reverse; record penalties for vocational course provider; and ACCC's coal cartel appeal comes cascading down
The ACCC's litigation against Ultra Tune raises an array of implications for customer loyalty schemes. ...
Climate change features again in latest coal mine refusal
Last week the NSW Independent Planning Commission (IPC) refused development consent for the Bylong Coal Project (Project). ...
The Launches and Returns Act: one of the most significant updates to the Space Activities Act since its implementation
On 31 August 2018, the Space Activities Act 1998 (Cth) (Space Activities Act) was amended by the Space Activities Amendment (Launches & Return) Act 2018 (Cth). ...