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Results: 1-10 of 298

Responsible Entities may not have the powers they think they have: Wellington Capital Limited v Australian Securities and Investments Commission 2014 HCA 43

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 19 2014

The High Court of Australia has found that power to make 'in specie' distributions was not conferred by universal or plenary power clauses commonly

Ensure actual or ostensible authority before relying on representations: Agricultural & Rural Finance Pty Ltd v Atkinson (No 2) 2014 NSWSC 1397

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 19 2014

The New South Wales Supreme Court held that despite the managing director of one company making certain decisions and supervising the staff of

Guidance on when a contractual breach will be remedied: Heugh v Central Petroleum Ltd No 5 2014 WASC 311

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 18 2014

This case provides useful insight into when a serious breach of a contract will be remedied, in this case in the context of an employment contract

When will a dividend be mandatory?: Wambo Coal Pty Ltd v Sumiseki Materials Co Ltd 2014 NSWCA 326

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 18 2014

This case illustrates that whether a dividend is mandatory depends on the true construction of the relevant provisions (in this case in the company's

No implied term of mutual trust and confidence in employment contracts: Commonwealth Bank of Australia v Barker 2014 HCA 32

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 18 2014

The High Court of Australia has unanimously held that under Australian common law, employment contracts do not contain an implied term of mutual

Responsible Entities may not have the powers they think they have

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 7 2014

The High Court has reminded Responsible Entities (REs) of managed investment schemes to ensure that the actions they take are authorised by the

Australian privacy law: swimming in the porridge of offshore disclosure

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 6 2014

In the recent case of Professor Barry Spurr against the publishers of New Matilda, Federal Court of Australia Justice Michael Wigney was called upon

ACCC unsuccessful in air cargo proceedings against Air New Zealand and Garuda

  • Gilbert + Tobin
  • -
  • Australia, New Zealand
  • -
  • November 3 2014

In a judgment handed down today in the Federal Court, Perram J dismissed allegations brought by the ACCC that Air New Zealand and Garuda had colluded

Competition policy review - replacing the price signalling laws with concerted practices fit for purpose or a foreign concept?

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 10 2014

The Harper Review’s draft report (Draft Report) considers that the price signalling provisions set out in Division 1A of the Competition and Consumer