81-90 of 129 results
Awakening a sleeping giant: the growing authority of Australia's carbon market regulator
The enforcement powers of the Clean Energy Regulator (CER) continue to expand, and these developments have implications for numerous stakeholders across the energy, resources and carbon market sectors and beyond. ...
It's riskier not investigating – why your organisation must confront serious allegations
This Insight examines the risks of not investigating allegations of misconduct and sets out some ways you can gauge whether your company is set up to adequately investigate serious allegations. ...
Assessing damages through the rear view mirror: Quantum issues in automotive class actions
Toyota Appeal gives comfort to automakers that courts will recognise efforts to resolve product defects. ...
When 'reliance damages' can be recovered after a breach of contract
A plaintiff can choose whether to seek reliance damages. ...
Laundy v Dyco – 'carrying on a business' when the law changes suddenly
The High Court, in recently considering the construction of a contract for the sale of the property and assets of a hotel business affected by the COVID-19 pandemic. We explain this important decision and its implications. ...
Dispute Resolution Boards: appointing DRB members and encouraging the diverse next generation of board members
In this Insight, we discuss the contractual structure governing the appointment of DRB members, how members are usually appointed, and possible modifications to the appointment process to reduce barriers for new entrants and increase the diversity of candidate pools and, consequently, DRBs. ...
Planning for fair winds ahead: key risks for disputes in the Australian offshore wind industry
In this Insight, we outline some of the key risks which might give rise to disputes and how those risks can best be managed as Australia aims for fair winds ahead. ...
Is a change (to a stapled structure) as good as a (tax) holiday?
In the second case to consider the general anti-avoidance rule contained in Part IVA since it was amended in 2013, a single judge of the Federal Court has held that the overall restructuring of a loan securitisation business from a corporate group to a corporate group and a separate trust group, which ultimately became a stapled structure, was legitimate and not rendered ineffective for income tax purposes. ...
The resurrection of rise and fall mechanisms in infrastructure contracts
Against the backdrop of the war in Ukraine, ongoing supply chain challenges associated with COVID-19 and a red-hot infrastructure market, 2022 was the year that Australian contractors firmly rejected the traditional approach to input cost risk allocation. ...
Shell Energy Holdings v Commissioner of Taxation: the end of the 'exploration' journey
On Friday 9 September 2022, the High Court rejected the Commissioner's application for special leave to appeal against the decision of the Full Federal Court in FCT v Shell. So ends the long journey that was the Commissioner's attempt to confine the meaning of 'exploration' to the mere discovery of a resource. ...