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Statutory assumptions for lenders dealing with companies - useful but are they limited?
The New South Wales Court of Appeal has focused on the need for parties seeking to rely on the assumptions in sections 128 and 129 of the Corporations Act to have had 'dealings' with the company. I ...
High Court rules mining leases and native title can co-exist
Yesterday, the High Court ruled that certain mining leases in Western Australia did not extinguish all native title rights, but rather the mining rights and native title rights co-exist. In doing s ...
Proposed reforms to create a consistent proportionate liability regime
Partner Partner Partner Andrea Martignoni In response to concerns about inconsistencies across various state-based jurisdictions, and following a public consultation process, the Standing Council on Law and Justice has released revised ...
Competition law update
In this issue: Competition law update is a regular publication by the Allens Competition group to keep you informed of the latest news and developments in this area. For more information or for leg ...
More certainty for foreign corporations under Alien Tort Claims Act
Since a landmark decision has narrowed available claims against defendants under the Alien Tort Claims Act for alleged violations of customary international law, US courts have sought to clarify ...
Update on the new costs rules in the Queensland Planning and Environment Court
A recent Queensland Planning and Environment Court decision sheds light on the application of the new rules for awarding costs following a trial. Special Counsel Rosanne Meurling and Lawyer David ...
Seeing red over yellow
The difficulty of registering a colour mark or word mark denoting a colour (that include issues of market place recognition) was highlighted by a recent set of appeals revolving around the use of t ...
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege. ...
Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
Partner When it comes to assessing duty on land transfers, identifying what constitutes the consideration for the transfer is a key issue. In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal ...
Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
A recent High Court decision highlights the substantial scope of s54(1) of the Insurance Contracts Act 1984 (Cth) to prevent an insurer from denying cover following an insured's non-compliance with ...