Top 10 Headlines from Asia Pacific Health Alert is a summary of the critical judgments, legislation, press releases and news items which have come to our attention each week. A common procedural argument that arises in relation to arbitration is the staying of litigation proceedings commenced by a plaintiff in breach of a valid arbitration agreement. The OECD Global Forum's peer review process is now underway to check the progress of implementation of the International Tax Standard The Queensland Supreme Court has affirmed that an appropriately worded contractual indemnity is adequate to effectively transfer liability in negligence from a tortfeasor to the party granting the indemnity. The timeshare industry has endeavored for some time to gain a solid foothold in Asia. Currently, only four countries within the region have more than ten genuine timeshare resorts; namely, Malaysia, Thailand, Indonesia and Australia. The New South Wales Court of Appeal (‘NSWCA’) has considered under what circumstances relevant extrinsic evidence would be received as an aid to construe the scope of a policy. insurers sought to rely on certain relevant extrinsic evidence in construing the scope of indemnity under the policy in question.The NSWCA has ruled that extrinsic evidence of these matters could not be received as an aid to construction because they were not used or relied upon by the contracting parties in negotiating t Debenture includes debenture stock, bonds and any other securities of a company whether constituting a charge on the assets of a company or not as defined in section 2(12) of the Companies Act, 1956 ("the Act"). The Climate Change Bill encompasses a range of different approaches to dealing with climate change: traditional "command and control" regulation, a change to the criteria to be applied when making particular (existing) decisions, market-supporting measures around carbon sequestration rights and measures to support collaboration with communities and business groups working to address climate change. Statements without specific legal consequences also make up a significant part of the Bill. This update focuses on the key funding and policy statements in the EFS that will influence Victoria’s energy industry in the years ahead. The Victorian Government released its Victorian Climate Change White Paper - The Action Plan (the White Paper) on 26 July 2010. The White Paper sets out the key actions for tackling climate change over the next four years. A White Paper Implementation Plan will be released later in the year that will spell out details of funding and specific implementing measures for the initiatives outlined in the White Paper. |