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Breach of Duty Australia

K&L Gates LLP

Institutional Abuse Claims in Victoria—Legal Identity of Defendants (Organisational Child Abuse) Act 2018 Applies to Secondary...

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On 8 February 2024, the High Court of Australia refused to grant the Catholic Archdiocese of Melbourne (Archdiocese) special leave to appeal from the Victorian Court of Appeal’s decision in The Catholic Archdiocese of...more

Jones Day

Australian Court Rules Environmental Regulator is Duty Bound to Develop Climate Change Policies

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The Facts  In April 2020, a climate action group called Bushfire Survivors for Climate Action Incorporated ("BSCA") filed civil enforcement proceedings against the EPA in the NSW Land and Environment Court....more

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Landmark Settlement of Lawsuit Against Australian Superannuation Fund Over Climate Change Risks

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A major superannuation fund has promised to enhance its management of climate change risks, disclose to members how those risks are addressed and align its investment portfolios to net-zero emissions by 2050. In mid-2018,...more

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Federal Court of Australia Finds Liquidator's Breach of Duty Claim Against Directors of Holding Company Valid

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The Situation: The question in Termite Resources NL (in liq) v Meadows, in the matter of Termite Resources NL (in liq) (No 2) [2019] FCA 354 was whether, in circumstances where the strategic, managerial and major operational...more

Patterson Belknap Webb & Tyler LLP

Chapter 15: Decision Reviews Jurisdictional Issues and Bankruptcy Code Section 109

In a recent decision, In re B.C.I Fins. Pty Ltd. (In Liquidation), No. 17-11266, 2018 Bankr. LEXIS 1217 (Bankr. S.D.N.Y. Apr. 24, 2018), Judge Sean Lane granted a chapter 15 petition after rejecting a challenge to...more

K&L Gates LLP

Franchising Update

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Franchising is set to undergo change following the Australian Federal election. The Senate Standing Committee on Education and Employment recently recommended further amendments to the Franchising Code of Conduct to allow...more

Dorsey & Whitney LLP

This Week In Securities Litigation

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The SEC filed its first action against a municipal adviser for breach of fiduciary duty based on a provision amended by Dodd-Frank. The agency also continued to file insider trading actions in an administrative forum....more

Dorsey & Whitney LLP

This Week In Securities Litigation

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The SEC filed one new action this week – an administrative proceeding involving the principal of an investment adviser and undisclosed conflicts of interest. The Commission also amended a complaint in an insider trading...more

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