61-70 of 341 results
Investor state arbitration and the environment: preparing for change in 2021 and beyond
The overlap between international investment and environmental protection is expanding, eg with environmental protection provisions featuring in recent International Investment Agreements (IIAs) and international Free Trade Agreements (FTAs), and environment-related investor-state disputes. ...
A new rights-based approach: the Aged Care Royal Commission delivers its blueprint for radical reform
The Royal Commission into Aged Care Quality and Safety issued its Final Report, which recommends significant change through the creation of a new aged care system aimed at placing people at the centre of aged care. The recommendations are wide ranging. ...
Contract law update
In this year's Contract Law Update we will look at the most significant recent judgment of Australian appellate courts and the most relevant cases. ...
Trends in corporate crime and what you can expect in 2021
We bring you an update on recent trends in the corporate crime space in Australia, with a focus on enforcement priorities and activities, proposed law reform and emerging risks in 2021 and beyond. ...
International Arbitration: Spain's claim for sovereign immunity rejected?
The Full Court of the Federal Court has held that foreign sovereign immunity did not apply to prevent parties from seeking recognition of an arbitral award against Spain. We examine Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. and its implications. ...
Final report from the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
The Parliamentary Joint Committee on Corporations and Financial Services (the Committee) has completed its inquiry into litigation funding and the regulation of the class action industry and released its much-anticipated final report earlier this week. ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
A win to litigation funders in employment class actions
A decision in a 'wage underpayment' class action (Simon Alexander Turner v Tesa Mining) examines the extent to which funders can be liable for costs in Fair Work Act proceedings. ...
Full Federal Court dismisses Commissioner's transfer pricing appeal against Glencore
On 6 November 2020, the Full Court of the Federal Court of Australia handed down its much anticipated decision dismissing the Commissioner's appeal (save for one issue) against Glencore Investment Pty Ltd in a significant transfer pricing dispute. ...
Australia's second shareholder class action judgment
In the wake of Crowley v Worley Limited, Australia's first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders. ...