ArticleManaging Risk In An Era Of Developing KnowledgeThe recent case of BHP Coal Pty Ltd v O&K Orenstein and Koppel AG provides a timely reminder of the challenges facing professionals in an advancing world of knowledge.AustraliaLitigation, Mediation & ArbitrationMinter Ellison
Article´But You Didn´t Tell Me That Was There!´The recent case of BMD Major Projects Pty Ltd v Victorian Urban Development Authority represents a victory for contractors making latent conditions claims under the Australian Standards contracts. It also raises some interesting issues for both owners and contractors when dealing with latent conditions claim. AustraliaReal Estate and ConstructionMinter Ellison
ArticleLeadership in the digital ageArticle discusses the digital age and findings for leadership in the digital age and contains a link for further information.New ZealandTechnologyMinter Ellison Rudd Watts
ArticlePersonal Liability...Limited!A recent order by the Supreme Court of WA acts as a timely reminder of the breadth of power conferred on the Court by section 447A of the Corporations Act 2001 (Cth) (Act), and the flexibility that the provision can provide in the conduct of any administration.AustraliaFinance and BankingMinter Ellison
ArticleRecognising Corporate Failure is a Fact of LifeNew ZealandCorporate/Commercial LawMinter Ellison Rudd Watts
ArticleThe Trade Practices Act And Carbon ClaimsAs Australians become increasingly aware of the effects of climate change and the impact their choices of consumer goods and services are having on the environment, many business are recognising the opportunity to differentiate themselves from their competitors on their 'green credentials', including carbon offsets. AustraliaConsumer ProtectionMinter Ellison
ArticleGreen Gremlins – The Challenges Of Going GreenThe buzz word is 'green'. Everybody wants to be green, build green and be rated green.AustraliaEnvironmentMinter Ellison
ArticleSEC And FSA Announce New Laws In Relation To Short SellingThe Financial Services Authority (FSA) and Securities Exchange Commission (SEC) have taken strong action to curtail abusive short selling in an effort to stabilise the financial markets. Below is a summary of the current action taken by the FSA and SEC.AustraliaFinance and BankingMinter Ellison
ArticleSenator Calls For People To Be Notified Of Interference With Their PrivacyOn 16 August Natasha Stott-Despoja, introduced the Privacy Amendment Bill into the Senate, which proposes to amend the Privacy Act 1988.AustraliaIntellectual PropertyMinter Ellison
ArticleTrade Rules And Climate ChangeContrary to what some commentators might believe, the World Trade Organization (WTO) can accommodate measures focussed on protecting the environment. AustraliaInternational LawMinter Ellison
ArticleThe Privacy Legislation Amendment (Emergencies and Disasters) BillThe Boxing Day tsunami in 2004 gave rise to a raft of privacy-related practical problems concerning the disclosure of personal information about individuals caught up in the tragedy. Existing Privacy Act provisions restricted the ability of government agencies and companies to provide the large-scale, timely response necessary for dealing with mass casualties and missing persons.AustraliaPrivacyMinter Ellison
ArticleA National Approach To Infrastructure DeliveryThe Infrastructure Australia Bill 2008 (Cth) was introduced into the House of Representatives and received its second reading speech on 21 February 2008.AustraliaGovernment, Public SectorMinter Ellison
ArticleALRC Final Report On Privacy Law Reform – Proposed New Definition Of ´Personal Information´The Australian Law Reform Commission (ALRC) has recommended in its Final Report on privacy law reform that the Privacy Act 1988 (Cth) be amended to include a new definition of 'personal information'.AustraliaGovernment, Public SectorMinter Ellison
ArticleCarbon Capture And Storage – The Global ApproachIs carbon capture and storage (also known as geosequestration) the answer to meeting global emission reduction targets? AustraliaEnergy and Natural ResourcesMinter Ellison
ArticleDirector´s And Officer´s Insurance – Corporate Duties Below Board LevelA recent report by the Corporations and Markets Advisory Committee (CAMAC) reinforces Owen J's recommendations in the HIH Royal CommissionAustraliaCorporate/Commercial LawMinter Ellison
ArticleGoing, Going, Gone? Online Auctions And Smythe v Thomas [2007] NSWSC 844Online auctions are increasingly replacing the humble garage sale as the way for people to trade in ordinary (and occasionally not-so-ordinary) items.AustraliaCorporate/Commercial LawMinter Ellison
ArticleNew Regime Proposed For The Murray-DarlingThe Council of Australian Governments (COAG) agreed in principle in Adelaide on 26 March 2008 to a Memorandum of Understanding (MOU) on Murray-Darling Basin Reform that could remove decades of debate between the Commonwealth and State Governments over water rights.AustraliaGovernment, Public SectorMinter Ellison
ArticleRealising Value In Whole-Of-Enterprise Telecommunication ContractsIn recent years, many large organisations have appointed one service provider for their whole-of-enterprise data, fixed line and mobile telecommunications. AustraliaMedia, Telecoms, IT, EntertainmentMinter Ellison
ArticleA Fundamental Change In The Law Concerning ´Consequential LossThe Victorian Court of Appeal has recently handed down a decision which overturns the traditional thinking concerning the meaning of the phrase 'consequential loss' in contracts. This decision should cause all parties to revisit contracts which contain clauses excluding 'consequential loss'.AustraliaReal Estate and ConstructionMinter Ellison
ArticleWA Decision Puts Home Owners Warranty (HOW) Market On TenterhooksFollowing the HIH collapse in 2001, insurers writing HOW policies under the various state Home Building Warranty schemes have routinely sought indemnities and bank guarantees from builders before issuing certificates of insurance. AustraliaInsuranceMinter Ellison