121-130 of 359 results
Using 'reasonable endeavours' - the importance of internal contractual standards
The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...
Further guidance on promoter penalty provisions
The Federal Court has recently had another opportunity to consider the application of the promoter penalty provisions in the Taxation Administration Act The Federal Courts recent decision indicates that the promotion of schemes that are clear and deliberate tax exploitation schemes will result in ...
Investigations - ICAC has its wings clipped
By a two to one majority the NSW Court of Appeal has held that the Independent Commission Against Corruption had no power under the ICAC Act to investigate an allegation to the effect that as a result of conduct involving an alleged intention to pervert the course of justice a public official had ...
Compliance with multi-tiered dispute resolution clauses
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 ...
Class actions game changer averted - for now
A potential game changer that sought to test the boundaries of the class action regime has been averted after the Federal Court refused to make a common fund order in the shareholder class action against Allco Finance The court has however questioned whether legislative reform is required to deal ...
Class action and litigation funding review - ALRC grapples with thorny issues
As part of its current inquiry into class actions and litigation funders the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding In general it ...
Solar farm wins court approval despite conflicts with planning schemes
The Queensland Planning and Environment Court has approved a solar farm located on good quality agricultural land despite high level conflicts between the proposed development and the provisions of the relevant planning schemes Partner Bill McCredie and Special Counsel Rosanne Meurling review the ...
Why we need to do more to fix our class action regime
The Victorian Law Reform Commissions inquiry into litigation funding and group proceedings provides an important and timely opportunity to reflect on the current operation of our class action regime The regime recognises and was designed to balance competing interests We believe more can be done to ...
Implications of High Court ruling for mining lease applications in WA
The High Court has found the mining warden did not have jurisdiction to hear applications for mining leases over certain Minderoo pastoral holdings, because they were not accompanied by either a mining proposal or a mineralisation report. ...
Forge-ing ahead - the treatment of fixtures under the PPSA
Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...