1-10 of 46 results

Australia's expanding network of investment treaties and investor-state dispute settlement
Insight 18 Feb 2015

Australia continues to expand its network of investment treaties In light of this Australian investors should consider a review of the treaty protections that apply to their foreign investments If a treaty includes an investor-State dispute settlement mechanism the investor may be able to resolve ...

Resolving and valuing disputed variation claims under BCIPA in Victoria
Insight 02 Jun 2016

The Victorian Court of Appeal has confirmed that a dispute resolution clause providing for mediation is insufficient to exclude variations claims from the statutory adjudication process under the Victorian Security of Payment regime The decision also confirms that when determining the value of a ...

Federal Court opts to rule on Qantas stand down case
Insight 09 Jul 2020

The Federal Court has decided to adjudicate a dispute between Qantas and its aircraft engineers about the legality of Qantas' and Jetstar's decision to stand down employees during the COVID-19 pandemic. ...

Allens' submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Insight 19 Jun 2020

Allens has advocated for reform to the class action regime for many years, including by way of submissions to inquiries conducted by the Australian Law Reform Commission and the Victorian Law Reform Commission. We have made a detailed submission to the current inquiry in which we outline our concerns regarding the increasingly entrepreneurial direction of Australia's class action landscape and advocate for (and against) various reforms. ...

Lime shines light on product safety representations and product recalls
Insight 25 Jun 2020

The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...

Arbitration agreements – don’t play chicken with imprecise drafting
Insight 26 May 2020

The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...

COVID-19 ready reckoner

As the expiration dates for the Government's responses to the COVID-19 pandemic loom, it is hard to know what protections and relaxations remain in place for companies and their directors. We summarise the current (as at the week commencing 14 September 2020) stimuli and moratoria implemented by the Federal Government. This accompanies our webinar: Restructuring and insolvency - preparing for, and going beyond, the insolvency cliff, held on 16 September 2020. ...

Recent amendments to the Work Health and Safety Act 2011 (NSW)
Insight 09 Jul 2020

Recent amendments to the Work Health and Safety Act 2011 (NSW) significantly increase the range of conduct that could constitute a Category 1 offence. Companies should ensure their systems and processes are suitably reviewed in light of these amendments. ...

Navigating split dispute resolution clauses – where's Google Maps when you need it?
Insight 15 Jul 2019

A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...

Further changes to the JobKeeper scheme
Insight 23 Sep 2020

The temporary amendments that were introduced to the Fair Work Act 2009 (Cth) (Act) in relation to JobKeeper enabling directions will be extended until 28 March 2021, by a bill proposed by the Federal Government that has now been passed by Parliament. ...