Understanding investor-state dispute settlments

The China-Australia Free Trade Agreement (ChAFTA), signed 17 June, represents a historic milestone, giving Australian businesses the ability to operate in China and trade with…

By and - 8 min read

What’s in a name? Substance is key in franchise agreements

The recent NSW Court of Appeal decision in Workplace Safety Australia v Simple OHS Solutions Pty Ltd [2015] NSWCA 84 confirms that distribution and other agreements may…

By - 6 min read

Bank fees class action: ‘forward-looking’ to the High Court

The Full Court of the Federal Court of Australia in Paciocco v Australia and New Zealand Banking Group Ltd [2015] FCFCA 50 has overturned the decision of…

By - 7 min read

Reining in ICAC’s powers: are non-public officials off limits?

The High Court of Australia in Independent Commission of Corruption v Cunneen & Ors [2015] HCA 14 (15 April 2015) has defined the scope of ICAC’s power…

By and - 7 min read

Voluntary administration: no escape from judgment in the district court

This article discusses the continuing application of the District Court’s decision in Unilever Australia Limited v Rosella Foods Pty Limited [2012] NSWDC 221. By ROBERT KAYE SC…

By and - 4 min read

Shelf orders: where limitation periods are not what they seem

High Court in Fortress affirms that shelf orders need not identify a particular transactions or party. By SIMON GALLANT and BLAKE O’NEILL.  

By and - 7 min read

The good, the bad and the ugly: pre-pack arrangements and phoenix activity for SMEs

This article considers the line between legal pre-pack arrangements and illegal phoenix activity for insolvent small-to-medium sized enterprises (SMEs). By BEN SEWELL.  

By - 6 min read

The controversial class closure mechanism: is it fair?

Opt out class actions were adopted in Australia to extend access to justice to as many persons as possible. Consequently opt out class actions do…

By - 5 min read

Space law: a new frontier in legal practice

Space Law and Global Space Governance (GSG) are terms that refer to the international process of regulating global space activities. Mechanisms include international and regional…

By - 6 min read

Identifying concurrent wrongdoers: the proportionate liability regime in practice

Given the reach of the proportionate liability regime, it is imperative that practitioners are able to identify when the regime applies, and to whom. By…

By - 7 min read