2261-2270 of 2947 results
Practical pitfalls and the sacrosanct limitation of liability clause
Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...
Are super funds and managed investment schemes the next frontier for shareholders with activist agendas?
A recent Federal Court appellate decision highlights the fundamental tension in the Corporations Act between shareholders power to propose resolutions at members meetings and the proposition that a company is to be managed by its Board of directors ...
Default superannuation under the microscope
You may be forgiven for thinking the Productivity Commission is fixated on superannuation at the moment Its latest review centres on developing alternate models of allocating default members to products ...
Paris Agreement on climate change to enter into force before COP22
Overnight the Paris Agreement met its second and final threshold for entry into force when the EU lodged its instruments of ratification with the UN Partner Andrew Mansour Senior Associate Emily Gerrard and Associate Ellie Mulholland take a brief look at the events this week that triggered the early ...
Alpha Coal Mine clears further hurdle as climate change challenge is dismissed
Last week the Queensland Court of Appeal upheld the decision of the Queensland Environment Minister to grant an environmental approval for the proposed Alpha Coal Mine in Queensland In doing so the court dismissed the challenge of an environmental interest group based on greenhouse gas emissions ...
An opportunity for greater certainty for class action defendants
Class action settlement negotiations are often hindered by uncertainty about the number and identity of potential claimants A recent decision of the Supreme Court of NSW has paved the way for defendants to achieve greater certainty in respect of unregistered class members at an earlier stage than ...
Linklaters Insights: Corporate Criminal Liability report
As pressure from prosecution authorities increases it is becoming ever more important for international companies to be aware of the potential impact of criminal conduct committed by their executives and employees and the risks and liability the company may face as a result - not least in order to ...
Queensland foreign stamp duty surcharge - relief guidelines issued
New relief guidelines have been issued on Queensland's foreign stamp duty surcharge ...
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 ...
Passporting relief threatened in ASIC Class Order repeal
Foreign financial services providers relying on passporting a foreign licence to provide their services in Australia will find their regulatory relief could be expiring in 2 years - and has become subject to a new condition - following ASICs actions to repeal the ASIC Class Orders which give effect ...