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On 29 March 2010, the Shanghai No. 1 Intermediate People’s Court (the Court) finally handed down its sentence in the most long awaited and controversial case involving Chinese or Chinese-born employees of foreign companies in recent memory. Stern Hu, the Chinese-born Australian national, and the other three Chinese employees of Rio Tinto (the Employees), were convicted of stealing commercial secrets and taking bribes, and were handed prison terms ranging from 7 to 14 years.

In our Trade & Transport Bulletin of 7 May 2009 we discussed the judgment of Justice Blair of the English Commercial Court in Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad which reconsidered the law of inherent vice and the concept of inevitable loss in marine insurance. That decision has now been overturned by the English Court of Appeal in a judgment handed down on 17 December 2009 ([2009] EWHC 367 (Comm)).

The Employment Relations Amendment Bill (No. 2) 2010 and Holidays Amendment Bill 2010 were assented on 26 November 2010.

In the recent case of “Arrow International Limited v QBE Insurance (International) Limited” 23/06/09, MacKenzie J, HC Wellington, CIV 2007-485-74, the New Zealand High Court considered two common but problematic policy coverage issues: when did the damage occur and did the products exclusion apply.

The strict liability/package limitation regime for domestic carriage in New Zealand limits liability to NZ$1,500 per ‘unit of goods’.

Successful IT outsourcing relies on good planning and drawing a roadmap of how a project should proceed.

New provisions providing relief in relation to unfair contract terms in consumer contracts into the ASIC Act.

Courts have reverted to a stricter interpretation of civil liability legislation, which may also provide more certainty.

Chile has enacted laws and regulations for the protection of personal data applicable to public and private databases.

The new Transfer Pricing Rules will impact all global businesses - including both inbound and outbound investors.

The recent decision in the Supreme Court of Victoria in <i>Orica Australia Pty Ltd v Limit (No.2) Ltd</i> (2011) VSC 65 dealt with issues regarding policy liability and the insured’s obligation in relation to loss mitigation and the currency of the judgment amount. While not establishing new principles of law it provides useful guidance to claimants and their opponents.

On 13 October 2010 the Australian Competition Tribunal (Tribunal) published reasons for the decisions it made on 30 September 2010 in review proceedings by ETSA Utilities (ETSA) and Ergon Energy Corporation Limited (Ergon Energy) of electricity distribution price review determinations by the Australian Energy Regulator (AER). The ETSA decision concerned the AER’s rejection of ETSA’s claim for an addition to be made to its opening regulatory asset base in respect of easements. The Ergon Energy de

Amendments to the Federal Trade Commission Franchising Rule approved early this year significantly improve the position of franchisors seeking to expand into the USA.

Review of the significant activity over the last two months in relation to the upcoming Personal Property Security (PPS) laws to be introduced in Australia

CGU Insurance Limited v Corrections Corporation of Australia Staff Superannuation Pty Ltd [2008] FCAFC 173 considered the interpretation of a ‘Notification of Claims Circumstances’ clause.

On the 17th of March, the Minister of Commerce released a Cabinet Paper (Paper) outlining the proposed reform of New Zealand's securities law. This Paper follows on from the Review of Securities Law Discussion Document released by the Ministry of Economic Development in June 2010. A regulatory impact statement containing an analysis of available options to improve securities law has also been released. The Paper contains numerous proposals containing significant amendments to the structure of Ne

Despite the introduction of uniform legislation, recent cases continue to highlight the uncertainty surrounding the award of damages in defamation actions.