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Results: 1-10 of 261

Internal investigations and legal professional privilege don’t get caught in the grey zone

  • Gilbert + Tobin
  • -
  • Australia, United Kingdom, USA
  • -
  • April 14 2014

By their very nature, reports of internal investigations can contain material which be extremely damaging in any subsequent litigation. Recent

Court imposes $11 million penalty on Flight Centre for attempted price-fixing

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • April 1 2014

Last Friday, 28 March 2014, Justice Logan of the Federal Court of Australia ordered Flight Centre to pay a total of $11 million (in civil penalties

It takes more than a “polite enquiry” by email to form an offer to contract: Mark Anthony productions (NSW) Pty Ltd v The University of Sydney Union 2014 NSWSC 120

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • March 24 2014

An email by an existing licensee to the licensor asking whether it would be 'stretching the friendship" to ask for a new licence for a further term

Impecuniosity which arises after entry into a contract can prevent an order for specific performance: Evans & Anor v Robcorp Pty Ltd & Anor 2014 QSC 26

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • March 24 2014

This case demonstrates the willingness of the Courts to deny a claim for specific performance of a contract where there have been changes in

Take care when drafting a body corporate representative appointment: in the matter of Richardson & Wrench Holdings Pty Limited 2013 NSWSC 1990

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • March 24 2014

The signing of a circular resolution by a body corporate representative in circumstances where the representative appointment was expressed to only

Native title still exists over mining leases under State Agreement - High Court Brown Decision

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • March 14 2014

The much awaited High Court native title decision in the State of WA v Alexander Brown & Ors (Brown Decision) was handed down on 12 March 2014.1 The

When can a lender form an opinion that a MAC has occurred?: Minumbra Lancewood Pty Ltd v AM Lancewood Investment Nominees Pty Limited 2013 NSWSC 1929

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 25 2014

This case illustrates the challenges inherent in interpreting MAC clauses given they tend to be heavily negotiated and tailored provisions, with the

When will a Court grant interlocutory relief to re-appoint a director?: In the matter of Courtesy Real Estate (NSW) Pty Ltd 2013 NSWSC 1666

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 25 2014

This case demonstrates the Court's unwillingness to make an order to reinstate a director on the basis that if the removal is ultimately found to be

Can you agree to reverse the onus of proof for proving information is not confidential?: Pet Tech Pty Ltd v Batson 2013 NSWSC 1954

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 25 2014

While a clause which sought to shift the burden for proving that information is not confidential from the discloser to the recipient came very close

When will the time for payment be essential?: Liang Zhen Lin v BHW Capital Pty Ltd & Anor 2013 NSWSC 1786

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 25 2014

This case illustrates the willingness of the Courts to imply a term that the time for payment is essential in circumstances where the timing was