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Contract law update 2019
Insight 26 Mar 2020

A recent WA Court of Appeal decision illustrates the difficulties for a party in avoiding the literal meaning of a contract in the absence of ambiguity or absurdity ...

Contract law update 2019
Insight 26 Mar 2020

In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd, the New South Wales Court of Appeal considered the circumstances in which a party, which has a right to terminate a contract, might lose that right. In particular, the court considered when the right might be lost due to an election to affirm a contra ...

Australia - Fund Finance 2020
Insight 31 Jan 2020

The fund financing market in Australia continued to be buoyant in 2019. Private equity, infrastructure and real estate funds remain the main drivers of volume, with an increasing number of newly raised as well as existing private debt funds also capitalising on the market's additional liquidity and ...

ASIC finalises new regulatory framework for foreign financial services providers
Insight 13 Mar 2020

The Australian Securities and Investments Commission has unveiled the much-anticipated new regulatory framework for foreign financial services providers that supply financial services to wholesale clients in Australia. foreign financial services providers ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

WA EPA greenhouse gas emissions guideline finalised
Insight 17 Apr 2020

The Western Australian Environmental Protection Authority (EPA) has released its finalised Greenhouse Gas Emissions Environmental Factor Guideline (GHG Guideline). The final GHG Guideline dials back s ...

Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
Insight 28 Jan 2020

The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...

Court clears Vodafone/TPG merger
Insight 13 Feb 2020

Allens acted for Vodafone Hutchison Australia Pty Limited to secure the Federal Court's approval for its merger with TPG Telecom Limited. In finding against the ACCC, Justice Middleton held the merger would not have the likely effect of substantially lessening competition. ...

Industrial manslaughter laws proposed for Queensland resources sector
Insight 10 Feb 2020

If passed, the Mineral and Energy Resources and Other Legislation Amendment Bill 2020 (Qld) (Bill), introduced in the Queensland Parliament on 4 February 2020, will create industrial manslaughter offences in the Queensland resources industry. ...

Employee's or employer's? Apple serves as a reminder of IP ownership in the startup sphere
Insight 28 Feb 2020

In a world of tech start-ups and innovation, securing IP rights has never been so important. The question of 'who owns what?' continues to present issues even to Apple Inc, as employees branch out to capitalise on creativity. Apple's recent claim against a former employee is a timely reminder of the ...

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