To print this article, all you need is to be registered or login on Mondaq.com.
COVID-19 has brought about far-reaching challenges in the
M&A space, one such being the construction, application and
interpretation of the material adverse change (MAC) clause, also
known as the material adverse effect (MAE) clause. The increased
uncertainty in the market spurred on by COVID-19 and further
intensified by Brexit, has brought with it an increased focus on
MAC / MAE clauses as risk-allocation mechanisms in M&A
transactions. MAC / MAE clauses are designed to address the
unexpected rather than the known risks. In M&A transactions
In this second edition of the Construction / Infrastructure update, we highlight for you some very informative and telling statistics in relation to adjudications held in this jurisdiction in recent times.
On February 1, 2021, amendments to the Environmental Management Act (EMA) and associated changes to the Contaminated Sites Regulation relating to the process for identifying contaminated sites.
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND
SETTLEMENTS - OFFER OF COMPROMISE OR OFFER TO SETTLE OR CONSENT TO
JUDGMENT PURSUANT TO RULES - GENERALLY - where there was a claim
and counterclaim - where the appellant made an all-up
offer to settle all claims in the proceeding which was
expressed to be under ch 9 pt 5 of the Uniform Civil Procedure
Rules 1999 (
the Rules) - where the offer did not
distinguish between the claim and counterclaim - where the trial
judge held that rr 360 and 361 of the Rules did not apply to the