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Litigation and Dispute Resolution

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16th December 2014

Native Title Rights and Extinguishment

16th December 2014

By Guy Greer

In the decision of Western Australia v Brown the High Court has clarified the circumstances in which native title rights will be extinguished by the grant of statutory rights.

3rd December 2014

Productivity Report recommends tighter regulation of litigation funders

3rd December 2014

By Colleen Platford, Crispian Lynch, Kate Meikle

The Productivity Commission has recommended tighter regulation for third party litigation funders in its Final Report on Access to Justice Arrangements released by the Federal Government today.

12th November 2014

Cross-border tax structures under the spotlight

12th November 2014

By Peter Feros, Rani John, Andrew Sharp, Peter Munro, Andris Gauja

The regulatory spotlight is now on corporate tax avoidance following news of a global investigation into tax deals negotiated by Australian and foreign companies through Luxembourg and the leaking of more than 300 tax agreements by a group of investigative journalists.

7th November 2014

Responsible Entities may not have the powers they think they have

7th November 2014

By Steven Glass, Adam Laura, Stuart Brady

The High Court has reminded Responsible Entities (REs) of managed investment schemes to ensure that the actions they take are authorised by the constitution of the scheme.

23rd September 2014

Section 54 of the Insurance Contracts Act: still an insured’s best friend

23rd September 2014

By Andrew Floro, Asia Lenard

Section 54 of the Insurance Contracts Act remains a broad remedial provision to guard against technical policy exclusions. Has your insurer denied indemnity because you breached a policy term? Section 54 may save you.

1st September 2014

The International Investigations Review – Australian Chapter

1st September 2014

By Rani John, Elizabeth Avery, Peter Feros

Rani John, Elizabeth Avery and Peter Feros have contributed the Australian chapter of the fourth edition of The International Investigations Review. The chapter gives an overview of the investigatory powers of the ACCC, ASIC and the ATO and outlines significant developments in enforcement matters in Australia. To download an eBook or PDF version of the entire fourth edition of The International Investigations Review, please visit: http://thelawreviews.co.uk/download/edition/1034/the-international-investigations-review/

30th May 2014

Analyst briefings – ASIC’s latest enforcement focus

30th May 2014

By Rani John

For the past year the Australian Securities and Investments Commission (ASIC) has been monitoring how companies disclose information to market analysts. The corporate, markets and financial services regulator has foreshadowed legal action against companies and market analysts it identifies as having breached market trading rules. In this broadcast, regulatory enforcement specialist Rani John examines ASIC’s recent report about practices in analyst briefings, risks that companies and advisers should be aware of, particular practices that ASIC is critical of and expected further activity from ASIC in this area.

17th April 2014

The High Court signals end of Jireh debate and reads “reasonable endeavours” obligation broadly

17th April 2014

By Elisabeth Peden

The High Court decision in Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 is of interest in relation to the commercial interpretation of contracts generally and specifically the use and meaning of “reasonable endeavours” or “best endeavours (or efforts)” clauses in contracts (which are generally considered the same).

20th December 2013

When will the court fix your mistakes?

20th December 2013

By Mark Gerus, Tim O'Leary

Our Litigation and Dispute Resolution specialists Mark Gerus and Tim O’Leary look at the Act along with the Weinstock v Beck case and find that the High Court’s broad approach to section 1322reflects a concern for substance over form that is potentially very useful for those involved in matters of corporate governance. Click here to access the white paper and video cast.

25th November 2013

Court of Criminal Appeal quashes conviction for insider trading

25th November 2013

By Rani John, Genevieve Rahman

On 20 November 2013, the NSW Court of Criminal Appeal published its reasons for its decision on 17 July 2013 to quash Stuart Fysh’s convictions for insider trading, relating to the purchase of shares in Queensland Gas Company. We discuss the Court of Criminal Appeal’s decision.

7th November 2013

Recovering mistakenly produced privileged documents: the High Court’s decision in Expense Reduction Analysts Group v Armstrong Strategic Management

7th November 2013

By Rani John, Alistair Schaefer

With the size and complexity of commercial litigation on the rise, and a corresponding increase in the size and complexity of discovery, it is an unfortunate reality that mistakes can sometimes occur during the discovery process.

23rd July 2013

Getting the deal through – Dispute Resolution 2013

23rd July 2013

By Steven Glass, Airlie Goodman

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dispute Resolution 2013, (published in June 2013; contributing editor: Simon Bushell of Latham & Watkins). For further information please visit www.GettingTheDealThrough.com.

10th July 2013

Good faith and termination for convenience clauses

10th July 2013

By Emanuel Confos, Colleen Platford, Paul McDonald

Are you aware of the law of good faith in Australia and how it can impact on contractual relations? We discuss whether contractual powers have to be exercised in good faith even if there is no express reference to good faith in a contract and how these implied good faith principles interact with termination rights.

27th March 2013

The High Court rules on enforceability of arbitral awards

27th March 2013

By Andrew Floro

In TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5 (13 March 2013), the High Court has confirmed that arbitral awards are final, and can be enforced in the Federal Court of Australia.

6th February 2013

Landmark win for Google in the High Court

6th February 2013

By Colleen Platford, Andrew Floro

The High Court of Australia has found that Google is not responsible for the content of third party ads displayed on its search results pages.

17th January 2013

Bridgecorp decision overturned

17th January 2013

By Crispian Lynch, Ash Walker

In a judgment that will be welcomed by both insurers and insureds, the New Zealand Court of Appeal has confirmed that, contrary to the first instance decision of the High Court of New Zealand in Bridgecorp, directors can access their Directors and Officers (D&O) insurance policies to cover defence costs in respect of claims which exceed the coverage under those policies.

23rd November 2012

Commonwealth Penalties Escalate

23rd November 2012

By Andrew Floro, Matt Mackenzie, Joshua Ehrenfeld

The Federal Parliament passed new laws earlier this week to increase the monetary value of a “penalty unit” from $110 to $170. Penalty units are used as a standard measure to determine the financial penalties payable for a range of Commonwealth offences, including those contained in the Corporations Act 2001, the Competition and Consumer Act 2010 (CCA) and the Fair Work Act 2009. The CCA also contains offences which incur fixed pecuniary penalties, rather than a penalty calculated by reference to penalty units.

15th November 2012

Penalties imposed on James Hardie officers – what does this mean for officers?

15th November 2012

By Rachel Launders, Andrew Floro, Joshua Ehrenfeld

On 12 November, 2012, the New South Wales Court of Appeal handed down its decision on penalties for the non-executive directors and company secretary/general counsel of James Hardie Industries Ltd (JHIL) in the latest decision in this long running litigation.

8th November 2012

Assessing the reliability of ratings agencies and lessons to be learned when marketing financial products: rating agency and financial advisor found liable for misleading and deceptive conduct

8th November 2012

By Colleen Platford

In the wake of Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) [2012] FCA 1028, which found investment bank Lehman Bros liable for losses arising out of synthetic collateralised debt obligations, the Federal Court has handed down another decision on the sale of the synthetic collateralised debt instruments widely credited with playing a critical role in causing the global financial crisis.

3rd October 2012

High Court delivers final verdict on Fortescue case

3rd October 2012

By Rani John, Charles Bogle, Lena Vanmali

On 2 October 2012, the High Court delivered the much anticipated final chapter in the litigation between Fortescue Metals Group Ltd (Fortescue) and ASIC. It unanimously held that Fortescue and Fortescue CEO Andrew Forrest did not contravene the Corporations Act (the Act) in connection with public statements that Fortescue had entered into “binding agreements” with several Chinese entities to build, finance and transfer railway, port and mine infrastructure in the Pilbara region.

26th September 2012

Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) [2012] FCA 1028

26th September 2012

By Colleen Platford

In one of the first cases in the world to hold an investment bank liable for its conduct in the lead up to the global financial crisis, the Federal Court of Australia found last Friday that the Australian branch of Lehman Brothers, formerly Grange Securities, breached its fiduciary duty and engaged in misleading and deceptive conduct in its financial and investment advice to local Councils.

20th September 2012

ACCC v Jewellery Group Pty Limited [2012] FCA 848

20th September 2012

By Andrew Floro, Matt Mackenzie

Jewellery Group, operator of retail jewellery store Zamel’s, was recently held to have engaged in misleading and deceptive conduct in relation to its use of “dual pricing” in a number of catalogues and flyers published between November 2008 and May 2010. The Court is yet to determine what relief it will grant, however the ACCC is seeking declarations and civil penalties against Jewellery Group.

10th September 2012

Implications of ANZ High Court ruling

10th September 2012

By Rani John

Partner Rani John discusses the outcome of the ANZ High Court decision.

8th August 2012

The International Investigations Review – August 2012

8th August 2012

By Rani John, Elizabeth Avery, Peter Feros, Justine Cameron, Kaushalya Mataraaratchi

The Australian Chapter of the Second Edition of International Investigations Review outlines significant changes in enforcement matters in Australia. Reproduced with permission from Law Business Research Ltd.

2nd August 2012

Class actions – new regulations for litigation-funding companies

2nd August 2012

By Steven Glass

Steven Glass discusses the risks in deregulating litigation funding with Clive Bowman, Executive Director of Australia’s largest litigation funder, IMF Australia.

24th July 2012

Getting the deal through – Dispute Resolution 2012

24th July 2012

By Airlie Goodman, Steven Glass

The Australian chapter of Dispute Resolution 2012 was published as part of the Getting the Deal Through series. Accreditation: Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dispute Resolution 2012, (published in June 2012; contributing editor: Simon Bushell, Herbert Smith LLP). For further information please visit www.GettingTheDealThrough.com.

18th May 2012

Centro: class action brinksmanship

18th May 2012

By Steven Glass

With last week’s reported $200 million settlement of the long running Centro case, another opportunity for the courts to decide on the methodology for assessing damages in shareholder class actions has slipped away.

7th May 2012

High Court’s Ruling in James Hardie

7th May 2012

By Andrew Floro, Rachel Launders, Kate Meikle

The High Court handed down two decisions on the James Hardie case last Thursday, which raise some interesting issues for companies and senior management, on how ASIC can be expected to conduct civil penalty proceedings, and potential exposure for senior management who may, without realising it, have liability as an “officer”, because of the role they carry out.

27th March 2012

Discovery discarded?

27th March 2012

By Andrew Floro, Stuart Brady, Paul McDonald

From Monday 26 March 2012 the Equity Division of the Supreme Court of New South Wales will not make orders for the discovery of documents in Court proceedings until the parties have served their evidence, unless there are exceptional circumstances necessitating such disclosure.

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