Showing 24 out of 104 results
Federal Court of Australia again recognises and enforces ICSID awards
The Federal Court of Australia has recognised and enforced two awards issued in investor-state arbitrations conducted under the rules of the …
Takeaways from the In-N-Out and Down-N-Out burger brands battle (Australia)
A series of recent Federal Court cases in Australia provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation …
Australia's courts publish reasons for clearing Vodafone/TPG merger
We assess the Federal Court's decision to overrule competition regulators to back $15bn telecoms merger. On 13 February 2020, the Federal Court of …
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses …
Policyholder insurance highlights 2019
Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments. This unique publication …
Unfolding privacy class actions in Australia
Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and …
The end of common fund orders as we know them?
Since 2016, common fund orders have been made in a number of Australian class actions under a particular statutory provision of the Federal Court of …
Class Action reform bill introduced to WA Parliament
On 26 June 2019, the Civil Procedure (Representative Proceedings) Bill 2019 (WA) was introduced into the Western Australian Parliament marking an …
Can your insurer rely on an insolvency exclusion?
Insolvency exclusion in D&O policy did not apply to claim by DOCA Administrators for breach of directors’ general duties.Key takeaways In a recent …
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to …
Accessing a deregistered policyholder’s cover, and the need to consider exclusions carefully in context
A recent case1 in the financial services sector illustrates that: A counterparty being deregistered is not the endpoint for insurance claims. …
Class Action Roundtable: The ALRC report
The Australian Law Reform Commission has completed its inquiry into class action proceedings and third-party litigation funders, and its Final Report was …
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