421-430 of 731 results
Shareholder activism: Full Court says no to revolution by resolution
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 ...
E-signature - a case study, but not a test case
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 ...
Financial Services Class Actions
Our class actions team recently published our Class Action Risk 2016 report The objective of the report is to look behind the headlines and hype that often surrounds class actions to provide a more holistic and objective assessment of class action risk for our clients This is particularly important ...
Worth the wait? Release of draft mandatory data breach notification laws
Following a period of industry consultation the Federal Government has introduced updated legislation that will introduce a mandatory data breach notification scheme The new Bill will amend the Privacy Act 1988 Cth when it comes into force and will apply to all Australian companies currently subject ...
Review into four major banks - money for consultants?
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 ...
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
Registering Indigenous Land Use Agreements - it's all or nothing
In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...
Security of the Cape Preston port affirmed in appeal decision
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. ...
Land tax recovery - no, yes, no again
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 ...
OAIC releases guidance on meaning of 'personal information'
Uncertainty as to what information constitutes personal information under the Privacy Act will be clarified following the release of guidance from the Office of the Australian Information Commissioner The guide provides insight into how a complaint may be determined and offers key questions for ...