1-10 of 69 results

Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
Insight 17 Jun 2022

A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...

Sanctions Regime in Australia
Insight 23 Feb 2022

We outline the key aspects of the Australian Sanctions Regime, the practical issues that corporations may encounter when implementing and managing their sanctions compliance frameworks, as well as some recent case studies to illustrate how the regime can apply. ...

Global ESG themes shaping the Australian legal outlook
Insight 02 Feb 2022

2022 will provide a practical demonstration of the appetite for ESG-led change that governments, major corporates and financial institutions all have, and how far this will feed into smaller businesses and everyday life. We explore key ESG themes shaping the legal outlook for businesses in 2022. ...

High Court ruling that 'backpacker tax' is discriminatory invites consideration of other potentially disapplied discriminatory tax provisions
Insight 18 Nov 2021

In the recent decision of Addy v Commissioner of Taxation, the High Court ruled that the so-called 'backpacker tax' contravened the non-discrimination article contained in the double tax agreement between Australia and the United Kingdom (UK). ...

Emerging ESG disputes risks and key mitigation strategies
Insight 16 Nov 2021

Pressure is emerging from multiple angles – regulation, investors, employees and communities – to have a proactive approach to ESG issues. In this Insight, we highlight current trends in ESG disputes and outline the key strategies companies should be implementing right now to mitigate ESG disputes risk. ...

The first word on group costs orders in class actions
Insight 15 Sep 2021

The Supreme Court of Victoria has provided significant first guidance on the operation of its new group costs order regime for class actions. ...

The ESG remedy ecosystem – working backwards from an OECD National Contact Point complaint
Insight 16 Aug 2021

A global increase in complaints under the OECD Guidelines for Multinational Enterprises (OECD Guidelines) to state-based National Contact Points (NCPs) shows that the OECD Guidelines are an established part of the toolkit for NGOs and civil society groups seeking to influence corporate behaviour and ...

Your jointly proposed pecuniary penalty may not be appropriate
Insight 27 Apr 2021

The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...

Investor state arbitration and the environment: preparing for change in 2021 and beyond
Insight 15 Mar 2021

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
Insight 05 Mar 2021

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. ...

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