1-10 of 51 results

Mandatory binding arbitration of tax disputes
Insight 05 Aug 2020

The approval of multilateral instruments in recent years means that binding arbitration of tax disputes is now available under the Tax Treaties with ten additional countries, including major trading partners Singapore, the United Kingdom, Japan and New Zealand. This trend is expected to continue. ...

Pilbara v Ammon: WA Court of Appeal considers the meaning of 'feasibility study' in the context of a joint venture agreement
Insight 08 Jul 2020

The recent decision of Pilbara Iron Ore Pty Ltd v Ammon will be of interest to anyone who deals with farm-in agreements or other resource sector agreements where one party agrees to commission a 'feasibility study'. ...

Sachin hits Spartan for six
Insight 25 Jun 2020

The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...

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. ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...

Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
Insight 28 May 2020

In recent days, the economic uncertainty created by the COVID-19 pandemic has proved the catalyst for the introduction of two long-debated changes to Australia's class action and continuous disclosure regimes. ...

Shareholder resolutions
Insight 26 May 2020

Shareholders are becoming increasingly aware of climate change risks. Since early 2017, both Australian and foreign companies have faced a wave of climate change-related shareholder activism. Ceres maintains a Climate and Sustainability Shareholder Resolutions Database, which at February 2020 showe ...

Increasing climate litigation and shareholder action expected
Insight 26 May 2020

There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...

What courts and regulators expect from corporate compliance
Insight 22 May 2020

The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...

ASIC's New Document Production Guidelines
Insight 12 Mar 2020

ASIC has released its new Document Production Guidelines, which govern how it expects electronic and hard copy records to be produced in response to compulsory notices. ...

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