341-350 of 357 results
Supreme Court decision limits the scope of landholder duty in Queensland
The Queensland Supreme Court has held that mining leases did not constitute an interest in land for the purposes of the former land rich duty regime While subsequent amendments to the Duties Act 2001 Qld mean that mining tenements are now treated as an interest in land the decision provides much ...
Asia Pacific international arbitration update
We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...
High Court rules mining leases and native title can co-exist
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. ...
Predictive coding: the future of electronic document production?
A recent decision of the English High Court may pave the way for the use of predictive coding in large scale discovery and regulatory investigations in Australia Partners Nick Rudge and Duncan Travis Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new ...
Court accepts market-based causation
Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...
Supreme Court of WA sends EPC contractor back to arbitration
In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd the WASC had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement ...
The limits of lawyer-driven litigation
A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...
Report: Wrap-up of Sydney Arbitration Week 2014
Over five days in November Sydney played host to a series of major international conferences as part of the second Sydney Arbitration Week ...
Allens insights: Merit appeals and the need for reform: Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc
In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court LEC to refuse approval for the expansion of the Warkworth Mine near Bulga NSW ...
Federal Court - another arbitration-friendly decision
In a recent decision the Federal Court dismissed an application to set aside an arbitral award rendered in Australia on the basis that it breached the rules of natural justice In doing so the courts decision recognised the limited scope of the grounds upon which an award can be set aside under ...