Recent High Court decision has confirmed that a class action waiver clause in the Ruby Princess class action was an unfair term under the ACL.
By Alex Tolliday, Hugo Wilesmith, Ben McLachlan and Chiara Biviano - 6 min read
The Court of Appeal has provided helpful guidance on the level of competition sufficient to engage non-compete restraints where two companies indirectly compete.
By Cynthia Cochrane SC and Alexander Vial - 6 min read
Recent NSW Court of Appeal decision in Scenic Tours v Moore considers the damages awardable under the Australian Consumer Law for breaches of statutory guarantees.
By Christopher Croese - 8 min read
Consumer Data Right is designed to level the playing field and help consumers find the best deal yet consumer awareness of the scheme is low.
By Debbie Smith - 8 min read
A closer look at the recent High Court decision emphasising the importance of precise pleading of counterfactuals.
By Cynthia Cochrane SC and David Harris - 7 min read
The keenly anticipated High Court decision in Moore v Scenic Tours Pty Ltd clarifies that mere injured feelings are not personal injury.
By Christopher Croese - 6 min read
Recent cases provide guidance on how courts will approach sentencing of corporations and individuals for criminal cartel conduct.
By Catherine Bembrick and Liana Witt - 7 min read
The case that’s set to provide much needed clarity on the scope of ‘injury’, ‘personal injury damages’ and ‘non-economic loss’ in the Civil Liability Act….
By Christopher Croese - 6 min read
Recent cases provide insights in the ACCC’s push for higher consumer law penalties. By MICHAEL MILNES
By Michael Milnes - 6 min read
Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNES
By Michael Milnes - 6 min read
The first suite of proposals from the Australian Consumer Law Review will soon be enacted. By LAURA BIANCHI.
By Laura Bianchi - 7 min read
In November 2017, Australia’s competition laws changed in response to the recommendations of the Harper Review. By PAULA GILARDONI, CLAIRE GREEN and LOUISE KLAMKA.
By Paula Gilardoni, Claire Green and Louise Klamka - 9 min read
Firms will now be able to apply to the ACCC to authorise the firm engaging in conduct which might otherwise contravene the law. By KIRSTEN…
By Kirsten Webb and Paul Burton - 6 min read