Publications

Norton White Norton White

Recovery of wasted expenditure: Hangar with no lease

In a judgement delivered on 8 May 2024, the Full Bench of the High Court unanimously affirmed the decision of the Court of Appeal of the Supreme Court of New South Wales and dismissed an appeal by Cessnock City Council concerning the recovery of $6,154,459.40 in damages in the form of ‘reliance losses’ or wasted expenditure arising from breach by Council of an agreement for lease at Cessnock Airport.

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Norton White Norton White

Employment non-competes: Restraining the restraint

The United States Federal Trade Commission (FTC) has voted to adopt a ruling providing for a near-blanket ban on non-compete clauses in employment contracts, with the final rule coming into effect from September 4th, 2024.

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Norton White Norton White

Major reforms for Australian mergers   

A Competition Review commissioned by the Australian Government has proposed significant changes, in part bringing Australia in line with international practice to take effect from 1 January 2026.

Whilst we await further details from the Treasury, with exposure draft legislation expected in the second-half of 2024, significant changes are clearly on the horizon.

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Norton White Norton White

The price of Continuous Disclosure Obligations breach

Public companies are required to abide by the continuous disclosure obligations contained in Chapter 6CA of the Corporations Act 2001 (Cth) together with Chapter 3 of the ASX Listing Rules for ASX listed public entities.

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Norton White Norton White

The Polar: charterparty liable for both, insurance premium and ransom

In its judgement in Herculito Maritime Ltd and others v Gunvor International BV and others [2024] UKSC 2 (also known as “The Polar”) handed down on 17 January 2024, the UK Supreme Court determined that shipowners were able to recover from the respective cargo interests a general average adjustment of US$5,914,560 in respect of a ransom payment to pirates, despite the fact that a Kidnap and Ransom insurance was taken out by the shipowner and the premium in respect of that insurance was paid by the charterer.

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Norton White Norton White

THE Future of aviation series

The Norton White ‘Future of Aviation Series’ tracks developments in the world of Aviation and Aerospace, bringing updates and insights into what can be expected in the future of the industry.

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Norton White Norton White

Fair Work Legislation Amendment (Secure Jobs Better Pay) ACT 2022

Is your Business Ready for the Employment Law Changes?

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 received royal assent on 6 December 2022 and a number of changes will come into force this year. Below is a summary of the key changes relevant to drafting employment contracts:

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Norton White Norton White

Important update for employers: Fair Work Legislation (Secure Jobs, Better Pay) Amendment Bill 2022 proposes multi employer bargaining, union veto power and forced flexible working arrangements

On the 27th October 2022 the Government introduced the Fair Work Legislation Amendment (Secure Jobs, Better Pay) 2022 Bill which proposes significant changes to enterprise bargaining.

If the legislation passes through Parliament it will have a significant effect on employer/employee relationships in Australia.

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