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Results: 1-10 of 289

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

Landmark construction ruling delivered by High Court

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

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High Court of Australia landmark ruling for the construction industry

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 8 2014

Brookfield Multiplex Ltd (Brookfield), represented by Gilbert Tobin, were successful in the High Court of Australia on 8 October 2014 whereby the

What factors show there is a concluded and binding agreement?: Absolute Analogue Inc v Sundance resources Ltd No 3 2014 WASC 283

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 3 2014

This case provides some useful insight into the factors a court will consider when determining whether a concluded and binding agreement has arisen

An entitlement to rely on the statutory due execution assumptions does not confer proprietary rights good against third parties: Esperance Cattle Company Pty Ltd v Granite Hill Pty Ltd 2014 WASC 279

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 3 2014

A sublessee was entitled to rely on the assumption of due execution under section 129(5) of the Corporations Act 2001 (Cth) in respect of a sublease

Finding a ‘fraudulent and dishonest design’ for the purpose of liability of third parties who knowingly assist in a breach of fiduciary duty: Hasler v Singtel Optus Pty Ltd; Curtis v Singtel Optus Pty Ltd; Singtel Optus Pty Ltd v Almad Pty Ltd 2014 NSWCA 266

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 3 2014

There have been inconsistent formulations of the "dishonest and fraudulent design" element of the second limb of Barnes v Addy since the Court of

Section 54 of the Insurance Contracts Act: still an insured’s best friend

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 23 2014

Section 54 of the Insurance Contracts Act remains a broad remedial provision to guard against technical policy exclusions. Has your insurer denied

The Takeovers Panel provides guidance on intention statements and matching rights in Ambassador Oil

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • August 27 2014

The recent decision of the Takeovers Panel in Ambassador Oil and Gas Limited 01 2014 ATP 14 (Ambassador 01) provides guidance to the market on the

Some clarity on the extent of the implied duty to exercise a contractual discretion in good faith: Caswell v SonyATV Music Publishing (Australia) Pty LTD 2014 NSWSC 841

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • August 26 2014

This case provides some useful clarification of the extent of the implied duty to exercise a contractual discretion in good faith. The New South

Disqualification of directors - ignorance is not bliss: Gabay and Anor and Australian Securities and Investments Commission 2014 AATA 425s

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • August 26 2014

In this case, the Administrative Appeals Tribunal upheld ASIC's 1 year disqualification period for one director (and extended the period to 18 months