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The liability in defamation of search engines for search engine results or autocomplete predictions has been re-enlivened, with the High Court agreeing on 16 June 2017 to grant the plaintiff…
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Legal Commentary and Opinion Posts
Slavery in the Supply Chain: The Federal Parliament’s Inquiry into Establishing a Modern Slavery Act in Australia
According to the Global Slavery Index, 45.8 million people around the world are trapped in various forms of modern slavery. Increasingly, consumers and governments are looking to the business sector…
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Federal Government Introduces Key Insolvency Law Reforms
The Federal Government has released draft legislation for the long-anticipated reform of Australia’s insolvency laws with the proposed introduction of: a safe harbour for directors from personal liability for insolvent…
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A Weaker Immune System: Advocate’s Immunity from Suit does not Protect Negligent Advice on Settlement
On 29 March 2017, the High Court in Kendirjian v Lepore [2017] HCA 13 upheld a narrower scope of the common law doctrine of an advocate’s immunity from suit, holding…
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ASX Listing Rule Changes: Advising Small Caps That Want to List
Following a comprehensive public consultation process that began on 12 May 2016, the ASX implemented changes to its requirements for admission to the ASX official list, effective 19 December 2016.…
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Court Intervention in Funding Arrangements: An Australian Template
On 26 October 2016, the Full Court of the Federal Court in Australia delivered its judgment in Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited. For the first…
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Jackson LJ Gives Speech on Hot-Tubbing: A Practitioner’s Perspective From Down Under
Jackson LJ advocates increased usage of concurrent expert evidence or “hot tubbing” in England and Wales, primarily based on anecdotal experiences of trial time, costs savings and the facilitation of…
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In-House Counsel: Preparing for Australia’s Mandatory Data Breach Reporting Scheme
Australia’s new mandatory data breach notification laws have now been passed, meaning that it will soon be compulsory for many businesses around the nation to report data breaches to regulators…
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Drafting a Successful Share Purchase Agreement
Practical Law Australia Advisory Board Member, Rachel Launders, shares some insights into issues that commonly arise when negotiating and drafting share purchase agreements. These issues are worth considering when you…
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Drafting a Successful Shareholders’ Agreement
Practical Law Australia Advisory Board Member, Rachel Launders, shares some lessons she’s learnt over the years, sometimes the hard way, from transactions she has worked on involving shareholders’ agreements. For…
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