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Cedar Meats Pty Ltd v Five Star Lamb Pty Ltd [2013] VSC 164

In this case, the Victorian Supreme Court looked at the rules of abandonment of contracts and when a clause will be a penalty clause.

21 October 2014

IRAG Abolished

The Insurance Reform Advisory Group (IRAG) has now been abolished. The abolition of IRAG was announced in a media release issued by the Hon Tony Abbott MP Prime...

01 January 2013

In brief

Misselling of interest rate hedging productsOver the past few months the UK Financial Services Authority (FSA) has reviewed the sale of interest rate swaps and other hedging products...

01 January 2013

Rules for construction of insurance contracts – a useful list

Insurers should take care in specifying situations in which endorsements and special conditions apply within their policies.A recent decision provides a useful reminder of the principles of construction...

01 January 2013

Duty to Cooperate

Two recent Victorian decisions have provided useful illustration of how the widely accepted implied duty to cooperate may be applied in practice. In particular, these decisions illustrate that...

01 January 2013

Director’s liability for corporate fault reform

The Personal Liability for Corporate Fault Reform Act 2012 (Cth) (Liability Act) commenced on 11 December 2012. It was intended to implement the Council of Australian Governments' Director's...

01 January 2013

ISDA publishes model arbitration clauses

The International Swaps and Derivatives Association (ISDA) has published model arbitration clauses for use in ISDA agreements. The move to arbitration to resolve swap and derivative disputes recognises...

01 January 2013

How to maintain value in long term IT service contracts – Part 2

In our first article, we considered the challenge of maintaining a competitive deal in long term IT service relationships and ensuring that, as a customer, you continue to...

01 January 2013

Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 281

The NSW Supreme Court considered whether an equitable duty of confidence could sit alongside written confidentiality agreement.

21 October 2014

Some are more equal than others: giving priority to insurance creditors under s 562A

As a (very) general rule, debts and claims rank equally in a company winding up. One of the exceptions to this rule applies where the company being wound...

01 January 2013

The importance of economic benefits in the assessment of mining developments

Proposed changes to the NSW Mining SEPP will mean the economic significance of the mining resource will be a principal consideration when granting new mining development approvals.In the...

01 January 2013

Significant Investor Visa - a new source of capital for development projects?

The profile of investors in funds holding significant real estate assets or development projects in Australia may be about to change. Traditionally, investors are institutional, Australian or offshore...

01 January 2013

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