The penalty implications of legal advice and what makes a firm ‘leading’?
A court finds legal advice from a leading firm can fully mitigate penalties for contraventions of the Corporations Act.
By Matthew Lo - 2 min read
Supreme Court green lights concurrent class actions
Australian courts have broad powers to make orders to manage cases of multiple representative proceedings, or class actions, brought against the same defendant(s) if it…
By Michael Legg and Joshua Kang - 3 min read
Lenders beware: failing to assess a borrower’s repayment ability may let a guarantor off the hook
Where a lender agrees to incorporate the Banking Code in lending instruments, not only borrowers but guarantors may escape liability if that duty is breached….
By Brent Michael - 1 min read
Are dumplings ‘stuffed pasta’? The tariff classification process
A two-stage decision-making process applies when customs duties are imposed on imported goods. By STEPHEN TULLY.
By Stephen Tully - 2 min read
Litigation funding revisited: all for one, one for all?
In Blairgowrie Trading Ltd v Allco Finance Group Ltd, the Federal Court rejected a ‘common fund’ application brought shortly after the commencement of proceedings that sought…
By Anthony Lo Surdo SC - 2 min read
Don’t let your claim for damages perish
In Perisher Blue Pty Limited v Nair-Smith, the NSW Court of Appeal considered whether it was necessary to determine the precise source of a plaintiff’s…
By Anthony Lo Surdo SC - 2 min read
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 Alex Baykitch and Aleks Sladojevic - 2 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 Paul Martin - 2 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 Rachel Quigley - 2 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 Anthony Lo Surdo SC and Dr Aruna Sathanapally - 2 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 Robert Kaye SC and Elan Sasson - 2 min read