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Results: 1-10 of 2,438

Vision Eye Institute Ltd v Kitchen (no 2) 2015 QSC 66
  • King & Wood Mallesons
  • Australia
  • July 2 2015

In this case, the Queensland Supreme Court awarded a significant amount of damages for contingent loss of income flowing from a breach of contract


Visy Paper Pty Ltd v Glass Granulates Pty Ltd 2014 NSWSC 1387
  • King & Wood Mallesons
  • Australia
  • July 2 2015

In this case, the NSW Supreme Court considered the fundamental principles of contract interpretation, including the ejusdem generis principle, which


UNISON Finance Group Pty Ltd v Electric Life Pty Limited 2015 NSWSC 170
  • King & Wood Mallesons
  • Australia
  • July 2 2015

In this case, the NSW Supreme Court considered the operation of a renewal mechanism under an equipment rental contract, and whether the renewal


Court of Appeal further limits scope of apportionment: this time under the ACL
  • Jackson McDonald
  • Australia
  • July 2 2015

A unanimous Court of Appeal made the obiter dicta observation that the only cause of action that is apportionable under the Australian Consumer Law


Shareholders left in the lurch: unacceptable circumstances?
  • Carter Newell
  • Australia
  • June 30 2015

This newsletter reviews the recent decision of the Full Court of the Federal Court of Australia on the court's adjudication as to whether


In-house counsel update: legal professional privilege independence declines and the purpose dominates
  • Carter Newell
  • Australia
  • June 30 2015

Legal professional privilege, also known as client legal privilege, is an important tool to facilitate frank legal advice between lawyer and client


Directors should carefully consider the terms of exclusion clauses in their D&O policies: Oz Minerals Holdings Pty Ltd & Ors v AIG Australia Ltd 2015 VSC 185
  • Gilbert + Tobin
  • Australia
  • June 26 2015

In this case, a major shareholder and board position exclusion in a D&O policy was found to have been enlivened where the relevant shareholder was a


Can a company indemnify officers against legal costs and expenses incurred in defending criminal proceedings prior to verdict?: Note Printing Australia Ltd v Leckenby 2015 VSCA 105
  • Gilbert + Tobin
  • Australia
  • June 26 2015

In this case, the Court found that on a proper construction of section 199A(3)(b) of the Corporations Act 2001 (Cth) (and an analogous provision in a


When will a "hostile" minority shareholder be granted access to a company's books?: Mighty River International Limited v Mesa Minerals Limited 2015 FCA 462
  • Gilbert + Tobin
  • Australia
  • June 26 2015

In this case, GT acted for a minority shareholder who was granted access to the company's books under section 247A(1) of the Corporations Act 2001


Parties may be bound by their “subject to contract” negotiations: Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd 2015 QSC 119
  • Gilbert + Tobin
  • Australia
  • June 26 2015

This case serves as a reminder to negotiating parties to be clear about their intentions regarding the binding nature of their 'subject to contract'