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  • Article

    Cross Post: Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

    In a recent post on our Arbitration Notes blog, Andrew Cannon, Antony Crockett, Chad Catterwell, James Allsop, Imogen Kenny and Joy Rao consider the Federal Court of Australia decision in CCDM Holdings...
    WorldwideLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Sovereign immunity risk

    These links discuss sovereign immunity risk in the context of the current problems in the Eurozone and in other areas.
    AustraliaGovernment, Public Sector
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Is A Repairer A Manufacturer?

    Repairers who do not supply goods are not manufacturers under Part VA of the Trade Practices Act.
    AustraliaAntitrust/Competition Law
    Clayton Utz
    Clayton Utz
  • Article

    Search Warrant Invalid

    In order for a search warrant to be issued under the Fair Trading Act, there must be reasonable grounds to believe that there was evidence of a contravention of the Act.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    ‘Unfair Terms’ And Victorian Consumer Contracts — Director Of Consumer Affairs v AAPT

    A significant decision for standard consumer contracts was released by the Victorian Civil and Administrative Appeals Tribunal (VCAT) in Director of Consumer Affairs v AAPT Limited on 2 August 2006.
    AustraliaAntitrust/Competition Law
    Freehills
    Freehills
  • Article

    Inherently Dangerous Products - A Painful Cut

    An inherently dangerous product and a safe system of work were considered by the court.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Sovereign state risk

    Any decision to exit the Eurozone or to change its currency would be the exercise by that state of a sovereign act.
    AustraliaGovernment, Public Sector
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    The Eurozone crisis: a full business law service

    The current economic problems in the Eurozone could affect businesses in a variety of ways, both direct and indirect.
    AustraliaInternational Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Report into Alcohol Related Violence

    A discusion on the Justice and Safety Committees inquiry into Alcohol-Related Violence which was handed down to the Legislative Assembly of Queensland in March 2010.
    AustraliaConsumer Protection
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Queensland fire authority protected from negligence claim

    The Hamcor decision highlights the need to take these immunity provisions into account in the decision making processes.
    AustraliaGovernment, Public Sector
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Australia's Highest Court Finds That Ratification Of The New York Convention Does Not Constitute A Waiver Of Immunity

    The High Court of Australia held that India had not waived sovereign immunity in respect of enforcement proceedings by ratifying the New York Convention...
    WorldwideLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Indemnity clauses and hire agreements – when wide enough is not good enough

    Westina Corporation Pty Ltd (Westina) was a haulage contractor trading under the name "Jamieson Transport". In 2005 it hired a road train comprising a prime mover and three trailers to BGC Contracting (BGC) pursuant to the terms of a written "wet hire" agreement. The wet hire agreement obliged Westina to provide the services of a qualified operator for the road train.
    AustraliaLitigation, Mediation & Arbitration
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Mind The Gap: Inside NSW's Escalating Impairment Thresholds For Workplace Psychological Injury Claims

    These changes introduce additional changes and clarifications to the already sweeping reforms introduced by the Workers Compensation Legislation Amendment Bill 2025.
    AustraliaLitigation, Mediation & Arbitration
    Holman Webb
    Holman Webb
  • Article

    Threats and Opportunities in WTO GM Dispute

    The US, Canada and Argentina are alleging that the European Communities (EC) has applied a 'moratorium' on approvals for the import and marketing of genetically modified (GM), or 'biotechnology', products without a scientific basis (see DS291, 292 and 293).
    AustraliaLitigation, Mediation & Arbitration
    Freehills
    Freehills
  • Article

    Inquire, debate and legislate – the bounds of parliamentary privilege

    Discussion about parliamentary privilege. Recent case example of the expansive scope of parliamentary privilege.
    AustraliaLitigation, Mediation & Arbitration
    McCullough Robertson
    McCullough Robertson
  • Article

    Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

    On 24 October 2023, the Federal Court of Australia dismissed India's application to set aside an investor's application to recognise and enforce an award against India on the basis of sovereign immunity.
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    High Court clarifies the tort of private nuisance as it applies to statutory authorities

    Public authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    US Supreme Court Rules Resale Price Maintenance Is Not Per Se Illegal

    The Supreme Court in the United States has recently overturned a 96 year old precedent that resale price maintenance (RPM) is per se illegal.
    AustraliaAntitrust/Competition Law
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Court clarifies duty of care owed by Queensland local governments regarding road maintenance

    Its duty of care to road users requires the council to maintain roads by fixing defects in a timely and efficient way.
    AustraliaGovernment, Public Sector
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Franchise Up-date: Guidance For Franchisors

    Raine & Horne’s recent successful claim in the Supreme Court of New South Wales offers some reassurance and guidance to franchisors about restraint of trade clauses in their franchise agreements.
    AustraliaLitigation, Mediation & Arbitration
    DLA Piper Australia
    DLA Piper Australia

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