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 ...

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 ...

A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...

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 ...

In recent months the funding of class actions has been prominent in the legal press The issues canvassed have included the regulation of third party funders the case for and against lawyers charging contingency fees attempts by lawyers to establish third party funding vehicles the Productivity ...

The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...

ASIC recently issued a report on the handling of confidential information by listed entities and their advisers focusing on analyst and investor briefings and unannounced corporate transactions While the report does not identify any systemic issues it does highlight a number of areas of concern ...

The WA Supreme Court has provided important clarification on the enforcement of adjudication determinations by the use of statutory demands under that States security of payment legislation It has confirmed that leave to enforce an adjudication determination as a judgment must be obtained before the ...

In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses ...

This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...