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Results: 1-7 of 7

Australian Securities and Investments Commission (ASIC) v Fortescue Metals Group Ltd (2011) 274 ALR 731

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • October 31 2011

Fortescue Metals has been granted special leave to appeal against a High Court decision that held Mr Andrew Forrest had engaged in misleading and deceptive conduct in relation to a proposed port, rail line and mine located in the Pilbara and Port Hedland regions

Australian Competition and Consumer Commission v SMS Global Pty Ltd 2011 FCA 855

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • October 31 2011

The Federal Court has imposed penalties totalling $85,000 against SMS Global Pty Ltd (SMS Global) and its Director, Carl Krumins for misleading consumers by falsely representing that it was endorsed by the Government

New requirement: genuine steps to resolve before litigating

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 27 2011

The Civil Disputes Resolution Act 2011 (Cth) is expected to come into effect by no later than 13 October 2011

Reasonable and best endeavour clauses: clarifying application

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 27 2011

An agreement to use ‘reasonable endeavours’ or ‘best endeavours’ is an obligation on the parties to do all that can reasonably be done in the circumstances to achieve the matters to which these phrases refer

Enforcement of retention of title (ROT) clauses

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 27 2011

In commercial transactions, ROT clauses are used as a protection for the seller of good if the purchaser becomes insolvent

Thai airways: repudiating settlement agreements

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 27 2011

This case examined whether demands to sign a Deed of Release within a specified time frame, after an agreement to settle legal proceedings had been reached without specifying a time frame would repudiate the terms of settlement if such a time frame had not been expressly agreed

Commercial dealings in the United Kingdom

  • McInnes Wilson Lawyers
  • -
  • Australia, United Kingdom
  • -
  • July 27 2011

The new UK legislation, The Bribery Act 2010 will have implications for Australian businesses with commercial dealings in the United Kingdom from July 1, 2011