The NSW Supreme Court recently handed down the latest quantum judgment in the long running dispute between FX Group Holdings Pty Ltd and Perpetual Trustee Company Ltd, concerning the interpretation of a contingent...more
The decision in Rose v Manno Kingsway Pty Ltd (2025) 116 NSWLR 598; [2025] NSWCA 23(Bell CJ, Mitchelmore and Adamson JJA) has confirmed that although the advance of consideration chronologically before the execution of a...more
2/17/2026
/ Appeals ,
Appellate Courts ,
Australia ,
Consideration ,
Contract Disputes ,
Contract Formation ,
Contract Interpretation ,
Contract Terms ,
Debt Collection ,
Enforceability ,
Loan Agreements ,
Promissory Estoppel ,
Unenforceable Contract Terms
In September 2024, Australia introduced sweeping reforms to its anti-bribery and corruption (ABC) regime with the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (Foreign Bribery Act), which came into...more
2/13/2026
/ Anti-Bribery ,
Anti-Corruption ,
Australia ,
Bribery ,
Compliance Management Systems ,
Corporate Liability ,
Corporate Misconduct ,
Corruption ,
Due Diligence ,
Enforcement Actions ,
Investigations ,
New Legislation ,
Whistleblowers
In most jurisdictions in Australia, a prospective plaintiff can obtain preliminary discovery orders from a Court to ascertain whether it has a right to obtain relief from a prospective defendant, before it commences any...more
12/8/2025
/ Arbitration ,
Arbitration Agreements ,
Commercial Arbitration ,
Contract Drafting ,
Contract Interpretation ,
Contract Terms ,
Discovery ,
Discovery Disputes ,
Dispute Resolution ,
Dispute Resolution Clauses ,
Document Productions ,
International Arbitration ,
Motion To Stay ,
Stays ,
UNCITRAL
On 5 November 2025, the High Court of Australia handed down judgment in Shao v Crown Global Capital Pty Ltd [2025] HCA 43, allowing an appeal from a decision of the New South Wales Court of Appeal (see Shao v Crown Global...more
12/1/2025
/ Appeals ,
Australia ,
Borrowers ,
Breach of Contract ,
Commercial Litigation ,
Condition Precedent ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Creditors ,
Debt ,
Divorce ,
Lenders ,
Loan Agreements ,
Loans
On 15 October 2025, the NSW Supreme Court found that US pharmaceutical company, Cosette Pharmaceuticals, Inc. did not validly terminate its $672 million takeover of ASX-listed Mayne Pharma Group Limited. Justice Black found...more
10/31/2025
/ Commercial Litigation ,
Contract Disputes ,
Contract Interpretation ,
Cross-Border Transactions ,
Due Diligence ,
Healthcare ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
Pharmaceutical Industry ,
Private Equity ,
Takeover Bids ,
Termination Rights
The judgment clarifies key principles around Material Adverse Change (MAC) clauses, forecast disclaimers, and termination rights. On 15 October 2025, the NSW Supreme Court found that US pharmaceutical company, Cosette...more
10/30/2025
/ Australia ,
Breach of Contract ,
Disclaimers ,
Due Diligence ,
Food and Drug Administration (FDA) ,
Material Adverse Change Clauses (MACs) ,
Merger Agreements ,
Pharmaceutical Industry ,
Representations and Warranties ,
Takeovers ,
Termination Rights