Allens

28 October 2011

Significant uncertainty regarding parties' rights to have an adjudicator's decision reviewed has been resolved, following a recent Western Australia Court of Appeal decision. Partner Stephen McComish, Senior Associate Jeremy Quan-Sing and Law Graduate Samantha Lord report

26 October 2011

A recent Victorian Supreme Court decision has held that litigation privilege extends to documents prepared in anticipation of adjudication under Victorian security of payments legislation. Partner Nick Rudge and Law Graduate Loren Atkins report

26 October 2011

A recent decision of the Full Court of the Federal Court of Australia highlights the difficulties in successfully pursuing claims relating to the manufacture and sale of pharmaceuticals as a class action. Partner Peter O'Donahoo, Senior Associate Eleanor Fletcher and Law Graduate Daniel Kinsey report

10 October 2011

A recent High Court decision is significant for all parties involved in arbitrations or whose contracts contain arbitration clauses, and for reinsurers whose contracts are subject to New South Wales law. Partner Michael Quinlan, Lawyer Mitch Riley and Paralegal Ashleigh Shand explain

30 September 2011

A recent Federal Court decision highlights potential limitations on the Commissioner of Taxation's ability to make a determination under Part IVA. Tax Partner Charles Armitage, Litigation Partner Malcolm Stephens and Tax Senior Associate Joanne Langford report

29 September 2011

In a landmark decision, the Victorian Supreme Court recently dismissed a class action by Timbercorp investors following the collapse of the Timbercorp Group in April 2009. Partner Irene Trethowan and Lawyers Kate Austin and Brenton Pollard look at the decision, which further clarifies the disclosure obligations of companies when issuing product disclosure statements for financial products and is likely to have implications for investors involved in other managed investment scheme class actions

21 September 2011

Multiple defendants will find it easier to attract proportionate liability to claims made against them under draft model legislation to reform Australia's proportionate liability laws. Partner Paul Nicols and Senior Associate Philip Hopley report on the proposals, which have been released for public consultation

15 September 2011

The Victorian Court of Appeal has clarified a number of important issues regarding the enforcement of foreign arbitral awards in Australia. Partner Peter O'Donahoo, Senior Associate Andrew Barraclough and Lawyer Tim Maxwell report

12 September 2011

A recent Federal Court decision gives insight into the circumstances under which a court may adjourn the enforcement of a foreign arbitral award that is the subject of an appeal in the courts of the seat of the arbitration. Partner Nick Rudge, Special Counsel Nicola Nygh and Lawyer Tom Levi report on a case that deals with the uniformity of recognition and enforcement of foreign arbitral awards

02 September 2011

The Supreme Court of Western Australia has held that a receiver can assert legal professional privilege over solicitors' bills of costs incurred by them through their receivership. Partner Philip Blaxill, Senior Associate Corey Steel and Lawyer Stephen Olynyk look at a case that also indicates this privilege extends to the narrations contained within solicitors' bills of costs and receivers' charging schedules

31 August 2011

A recent Full Federal Court decision makes it much more difficult for the Commissioner of Taxation to apply Part IVA to corporate restructures. Tax Partner Larry Magid, Litigation Partner Malcolm Stephens and Lawyer Tom Prince report on the case which involved a member of the James Hardie group of companies and whether there was a 'tax benefit'

27 July 2011

The new Arbitration Ordinance simplifies Hong Kong's arbitration law, unifying the different regimes for 'domestic' and 'international' arbitration. This should strengthen its status as a leading jurisdiction for international dispute resolution. Partner Simon McConnell and Senior Associate Kieran Humphrey discuss the key changes

19 July 2011

A recent United States Supreme Court decision found that arbitration clauses with class action waivers can be used in standard form customer contracts. Partner Duncan Travis spoke to Boardroom Radio about the reasoning behind the decision and the possible implications for Australian businesses

07 July 2011

A recent New South Wales Court of Appeal decision has continued the trend of interpreting alternative dispute resolution clauses consistently with commercial commonsense. Partner Brian Millar and Senior Associate Matthew Senescall report on the decision, and consider the lessons for parties interpreting existing dispute resolution procedures and negotiating those clauses in future contracts

29 June 2011

New legislation introducing a 'two-strikes' rule and making substantial changes to procedures associated with executive remuneration, board limits and determination of proxy votes has come into force. Partner Robert Pick, Senior Associate Kate Towey and Lawyer Sean Cole look at the key issues in-house counsel need to be aware of when advising boards and senior management of the changes

29 June 2011

This week's Federal Court decision in relation to ASIC's case against Centro's directors demonstrates how demanding a director's duties in approving financial statements are. In order to meet those demands, Boards may seek to change the ways in which financial information is presented to them and how they review it. Partners Matthew McLennan, John Morgan and Jeremy Low and Senior Associate Simon Lewis report

29 June 2011

Hong Kong's Court of Final Appeal recently held that no state may be sued in Hong Kong's courts unless the state waives its immunity, and that submitting to arbitration does not constitute a waiver. This will have a major impact on any business wanting to enforce a claim against a state's assets in Hong Kong. For the first time, the court also referred questions about the interpretation of Hong Kong's Basic Law to the standing committee of the National People's Congress in Beijing. Partner Simon McConnell, Special Counsel Nicola Nygh, and Law Graduate Edmund Robinson report on the court's decision

07 June 2011

Proponents of some recent landmark Australian infrastructure projects, such as the Gateway Upgrade in Queensland, the Harvey Dam in Western Australia, and the desalination plants in Adelaide and Sydney, have chosen to administer their contracts using dispute review boards, reflecting their success in avoiding disputes, or preventing disputes from escalating while construction works are in progress. Partner Brian Millar, Lawyer Michael Tollman and Law Graduate Tom Tian report on a growing trend

07 June 2011

Recent events in the United Kingdom have seen super-injunctions being undermined by social media. Partner Miriam Stiel speaks to Boardroom Radio about super-injunctions in a social media world and the lessons Australian businesses can learn from the case

30 May 2011

The Australian Law Reform Commission has released a report containing policy recommendations that, if implemented, could have a major impact on discovery in federal courts and, in particular, the Federal Court of Australia. Partner Ross Drinnan and Senior Associate Georgia Steele report

18 May 2011

The NSW Supreme Court has handed down a decision setting aside service of the statement of claim brought by the special purpose liquidator of One.Tel Limited (in liq) and dismissing the proceedings in their entirety. Partner Malcolm Stephens and Senior Associate Chris Prestwich report

20 April 2011

The New South Wales Court of Appeal recently held that a litigation funding agreement constituted a 'financial product' and could be rescinded because the funder was not licensed to deal in 'financial products'. This follows the Full Federal Court's decision in 2009 that litigation funding arrangements for class actions constitute 'managed investment schemes' (a particular type of 'financial product'). Partner Ross Drinnan, Senior Associate Jenny Campbell and Lawyer Elnaz Nikibin report on the Court of Appeal's decision in International Litigation Partners Pte Ltd v Chameleon Mining NL 2011 NSWCA 50.

05 April 2011

A landmark decision recently handed down by the UK Supreme Court has found that there was no justification to continue to give expert witnesses immunity from being sued for negligence in relation to the evidence they give in court or the views that they express in anticipation of court proceedings. The court did not accept that potential liability would result in reluctance on the part of experts to accept instructions, nor would it prevent them from exercising their overriding duty to the court and acting with diligence and integrity. Partner Michael Quinlan Senior Associate Joanne Howie report

31 March 2011

The Federal Government has introduced into Parliament legislation to establish a national framework for managing the environmental, health and safety impacts of electronic products such as computers and televisions. Partner Miriam Stiel and Lawyer Georgina Dimopoulos report

30 March 2011

The Commonwealth and Victorian parliaments have recently enacted legislation concerning mandatory pre-litigation dispute resolution procedures. While the Commonwealth Parliament has mandated 'genuine steps' to resolve disputes, the Victorian Parliament has repealed the mandatory pre-litigation requirements prescribed by previous legislation (but it has given the courts the power to determine what pre-litigation requirements should be followed). Partner Andrew Maher and Senior Associate Eleanor Fletcher look at the differing approaches

25 February 2011

The Full Federal Court recently handed down its appeal decision overturning the trial judge, and finding that Fortescue Metals Group misled the market and failed to comply with its continuous disclosure obligations in connection with announcements to the ASX and the media in 2004. Partner Richard Harris, Senior Associate Andrew Byrne and Lawyer Rima Hor comment on the implications for listed companies and their directors and officers

15 February 2011

Potential litigants in Victoria should be aware that the Victorian Government is taking steps to repeal the 'pre-litigation requirements' of the State's new Civil Procedure Act. Partner Andrew Maher and Senior Associate Matthew McCarthy report

08 February 2011

The mandatory reporting obligation imposed on suppliers of consumer goods and product related services by the Australian Consumer Law commenced on 1 January 2011. Suppliers of consumer goods and product related services who become aware of a death, serious injury or illness that was, or may have been, caused by the use, or foreseeable misuse, of a consumer good, must report that event to the ACCC within two days or risk being guilty of a criminal offence. Partner Annette Hughes, Senior Associate Ric Morgan and Lawyer Claire Nicholson examine the obligation and the associated guidelines, highlighting key points for those grappling with these new requirements

07 February 2011

A recent Western Australian Court of Appeal decision provides practical guidance on the ordinary meaning and scope of an express contractual term of good faith. Partner Michael Hollingdale and Lawyer Stuart Packham report

02 February 2011

A recent decision of the Singapore Court of Appeal held that a force majeure clause contained in a contract between a concrete manufacturer and a building contractor was triggered when the supply of sand used in manufacturing concrete was affected by the 2007 Indonesian ban on sand exports. Partner Matthew Skinner (view CV) and Lawyer Robert Merriam report on a case that looks at the issue of commercial impracticability as a force majeure defence

20 January 2011

The Australian Competition and Consumer Commission and the US Consumer Product Safety Commission have formalised their intention to engage in greater consultation and information sharing on product safety. Partner Annette Hughes and Lawyer Claire Nicholson look at a Memorandum of Understanding that will have a major impact on risk management for Australian manufacturers and suppliers of consumer goods and services

19 January 2011

In a judgment that will be welcomed by securitisers, syndicated lenders and other buyers and sellers of financial assets, the full bench of the Federal Court has handed down its decision in the Goodridge appeal. In this article, Partner Matthew Allchurch examines the appeal judgment and its ramifications

23 December 2010

Australian manufacturers should be aware of a new product safety information database in the United States that will provide a forum for any person to submit a report about a consumer product that has caused 'harm'. Partner Annette Hughes, Senior Associate Ric Morgan and Lawyer Claire Nicholson look at the database and its global implications

08 December 2010

Recent legislation gives the Australian Securities and Investments Commission broad new search powers, enables the Australian Federal Police to intercept communications when investigating suspected insider trading and market manipulation, and provides for substantially increased penalties for market manipulation offences. Partner Matthew McLennan, Lawyer Tom Randall and Law Graduate Sikeli Ratu report

06 December 2010

The United Nations Special Representative on Business and Human Rights has released a draft of the guiding principles for the implementation of the UN 'protect, respect and remedy' framework for addressing business and human rights. Allens' Corporate Responsibility Group looks at the draft and its implications

26 November 2010

A new class actions regime for NSW has been introduced into Parliament. Partner Ross Drinnan and Lawyer Mark Hare report

16 November 2010

The consumer guarantee provisions in the Australian Consumer Law may have serious implications on the product recall regime in the new legislation. In this part of a continuing series of Focus articles on the detail of the Australian Consumer Law, Partner Annette Hughes, Senior Associate Ric Morgan and Lawyer Jess O'Brien report on the interaction between the recall provisions and the consumer guarantees

03 November 2010

A draft Civil Procedure Amendment (Supreme Court Representative Proceedings) Bill and a discussion paper detailing a proposed new class actions regime for NSW have been released. Partner Ross Drinnan, Senior Associate Jenny Campbell and Lawyer Mark Hare report

03 November 2010

The Victorian Parliament recently introduced new legislation that may have a significant impact on the conduct of civil litigation in Victoria. The legislation will commence on 1 January 2011. Partner Andrew Maher and Senior Associate Matthew McCarthy report

27 October 2010

With the new Australian Consumer Law soon to take effect, Partner Annette Hughes, Senior Associate Ric Morgan and Law Graduate Naomi Snyder look at the changes to the consumer guarantee regime under the new consumer legislation

26 October 2010

The UK Court of Appeal has added to the uncertainty surrounding employers' liability insurance for long-term illnesses, recently holding that, while mesothelioma is 'contracted' at the time of exposure to asbestos fibres, no illness is 'sustained' until a tumour develops many years later. This controversial decision is now the subject of a Supreme Court appeal. Partner John Morgan and Law Graduate Laura Johnston report

25 October 2010

The New South Wales Government has announced a new class action regime. Partner Ross Drinnan speaks to Boardroom Radio about the changes introduced under the new regime and the implications these changes will have for business

13 October 2010

The United States Supreme Court will jointly hear two cases regarding the scope of jurisdiction of US courts, particularly focusing on cases involving foreign manufacturers whose products are sold directly or indirectly into US markets. Partner Annette Hughes speaks to Boardroom Radio about the importance of the two cases and the possible implications for foreign manufacturers

06 October 2010

The issue of non-disclosure (or silence) as constituting misleading and deceptive conduct under section 52 of the Trade Practices Act was the focus of a recent High Court decision. Partner Louise Jenkins and Law Graduate Sue Zhang look at this decision, which highlights the importance of the factual context underlying a section 52 claim

06 October 2010

A recent Federal Court decision throws further light on the increasingly vexed question of whether in-house lawyers are sufficiently 'independent' from their employer to satisfy the requirements of legal professional privilege. Importantly, the decision adds support to the proposition that the decision in Rich v Harrington may have overstated the degree of independence necessary. Partner Richard Harris and Senior Associate Stephanie Wee consider the implications of the decision

27 September 2010

Recently, the Federal Court handed down its reasons for approving the settlement of the Multiplex shareholder class action proceedings. Partner Ross Drinnan, Senior Associate Jenny Campbell and Lawyer Mark Hare report on the settlement and the court's reasons for its approval. Of interest are Justice Finkelstein's comments about the settlement of class actions generally, the factors his Honour considered in deciding whether to approve the proposed settlement and issues surrounding the question of causation in shareholder class actions.

22 September 2010

In anticipation of the commencement of the Australian Consumer Law in January 2011, the Australian Competition and Consumer Commission has released draft guidelines on product safety recalls and mandatory reporting for public comment. Partner Ross Drinnan, Special Counsel Nicola Nygh and Lawyer Jonathan Adamopoulos report

15 September 2010

A recent European Court of Justice decision1 has found that legal professional privilege does not apply to communications between a company and its in-house lawyers because in-house lawyers lack the necessary degree of independence. Partners Richard Harris and Paul Nicols and Law Graduate Thomas Prince report

14 September 2010

Two recent Queensland Supreme Court decisions have highlighted the need for developers to control the information their agents provide to prospective purchasers, after apartment buyers were unable to terminate contracts based on claims of misleading and deceptive conduct related to views from the apartments. Partners Tony Davies and Tracey Harrip and Lawyer Kris Byrne report

10 September 2010

The Federal Court this week ruled that there is no copyright in newspaper headlines. Partner Miriam Stiel speaks to Boardroom Radio about the implications of this decision for media companies and for those who compile information