11/13/2023
Australian High Court invalidates Victoria's tax on electric and hybrid vehicles
The court found the ZLEV Act unconstitutional as it “imposes a duty of excise within the meaning of section 90 of the Constitution”.
Court Cases
11/13/2023
Australian Privacy Regulator Sues in Data Breach Case
The case is a real example of the importance of risk allocation in an M&A transaction for liability arising from latent information security vulnerabilities existing prior to completion of the transaction.
11/10/2023
Court of Appeal backs taxpayer in share exchange anti-avoidance case
Delinian applied to HM Revenue & Customs (HMRC) for clearance that the transaction would be treated as a share for share exchange
11/08/2023
Recent decisions highlight traditional owner consultation requirements for Australian offshore projects
Cooper argued that the surveys could have detrimental impacts on sea country and song lines, including on whales and turtles, which are of significant cultural importance.
11/06/2023
Allen & Overy files supreme court amicus brief on behalf of habeas scholars in capital case
The A&O team was led by James Gagen
11/03/2023
Two cases highlight possible areas of reform to 1954 Landlord and Tenant Act
The landlord, Gillcrest UK Pension Scheme, opposed the requests on grounds that the Lees News had left the properties in a state of disrepair and had persistently failed to pay rent on time.
11/03/2023
UK judge overturns $11 billion award against Nigeria due to corruption
The case stems from a 2010 contract signed between P&ID and Nigeria's Ministry of Petroleum Resources for the construction of a gas processing plant.
10/26/2023
English court issues reminder of burden of proof in product liability cases
In coming to its decision, the court approved the two-stage test
10/25/2023
Dutch court blocks national bank’s levies for crypto service providers
The case centred on levies raised in 2021
10/17/2023
Herbert Smith Freehills succeeds for clients in disqualification proceedings
This brings an end to almost six years of investigation and subsequent legal proceedings following the Carillion Group's insolvency in 2018, and comes two and three quarter years after the Insolvency Service launched the case.
10/17/2023
Implications of relying on flawed workplace investigations
The cases demonstrate that while reinstatement is rare, it remains the primary remedy for unfair dismissal, and one the FWC will not hesitate to order where appropriate.
10/12/2023
BVI Court rules that bondholder stands as contingent creditor
This briefing discusses the Decision, how it squares up against the position in other offshore jurisdictions, and takeaways for investors and issuers alike.
10/10/2023
Walkers engaged to act in appeal for Credit Suisse Life (Bermuda) Ltd.
An appeal of the 23 June 2023 Court of Appeal judgment to the Judicial Committee of the Privy Council in London is pending.
10/05/2023
The sound of silence: the role of good faith and silence in Jersey contract law
And so began 10 years of litigation in both the United States and Jersey, culminating in the Royal Court's recent judgment which followed an extensive trial.
10/04/2023
The trial of Sam Bankman-Fried will be a tale of two realities
In the government’s view, what appeared to be the best of times, was actually the worst of times for those that trusted SBF and FTX.
10/04/2023
The principle of incumbency and conflicts of interest
In place of the incumbent JPLs, the Challenging Investors proposed alternative insolvency practitioners to take the appointment as JOLs of GFIF.
09/27/2023
Parties to administrative contracts in Qatar can’t access swifter new court
Put another way, the Employer to a construction contract in an Administrative Court dispute would be in a better position to refute such claims.
09/25/2023
FamilyMart Privy Council decision – Just & equitable petitions susceptible to arbitration “hive off”
This decision provides important clarity on the interplay between a contractual agreement to arbitrate and the shareholders’ statutory right to petition
09/22/2023
Singapore: When restructuring and insolvency regimes collide
The arguments we raised were adopted and cited by the Court as important considerations in reaching its decision.
09/19/2023
Withers' UK media and reputation team wins pro bono freedom of expression victory for clients
The successful outcome for our clients is one which also emphasises the ongoing significance of academic freedom as a right protected under Article 10 of the European Convention on Human Rights.