In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...

A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...

With the release of an ASFA Best Practice Paper on insourcing investment management we look at some of the challenges and opportunities for in-house legal teams that come with the seemingly inexorable move in the superannuation industry towards insourcing investment management functions ...

The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...

At a time of increasing shareholder activism a recent decision of the Full Court of the Federal Court has confirmed that activist shareholders have a very limited part to play in the exercise of a boards power in the management of a company Partners Kim Reid and Julian Donnan and Associate Manu ...

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues such as bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliance In the last of a five-part series ...

The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...

The FCACFC decision in Mineralogy affirms that commercial agreement terms between parties can be impacted by later agreements between those parties and by state agreements, and emphasises the care commercial drafters need to take. ...

The financial services sector has been under scrutiny for some time with many different voices clamouring for further regulation or inquiries in a sector that is already highly regulated The recent Federal Budget included a number of measures focused on the state of competition in the financial ...