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The ACCC updates its Immunity and Cooperation Policy for Cartel Conduct

From 1 October 2019, the ACCC’s updated Immunity and Cooperation Policy for Cartel Conduct (the Policy) will apply to those seeking immunity for their involvement in cartel conduct, the Policy clarifying the ACCC’s expectations of immunit...

Published by Chiara Rawlins
20 October, 2019
Litigation and Dispute Resolution

Facing the music of the ACCC’s section 155 notice

In June, the Australian Competition and Consumer Commission (ACCC) published its guideline on section 155 notices entitled "ACCC guidelines – Use of section 155 powers" (Guideline). The Guideline provides useful info...

Published by Chiara Rawlins
23 September, 2019
Litigation and Dispute Resolution

Withdrawing unlawful ASIC forms from ASIC’s register: the importance of safeguarding your company’s corporate key and ensuring proper corporate steps are taken to effect your company’s changes

What happens if there is an internal dispute within a company and ASIC forms are lodged without officeholder or member consent to change the company details of the company on the ASIC register? As was recently held by Black J of the Supreme Court of ...

Published by Andrew Lacey
12 September, 2019
Litigation and Dispute Resolution

The High Court rules in favour of the ATO, unlocking the gates to Paradise despite legal professional privilege claimed over corporate documents

In a recent big win for the Australian Taxation Office (ATO), the High Court decision in Glencore International AG v Commissioner of Taxation [2019] HCA 26 was handed down on 14 August 2019, upholding that legal professional...

Published by Andrew Lacey
3 September, 2019
Litigation and Dispute Resolution

Breaking news: Court orders first Strata Renewal Plan for the collective sale of a strata scheme

The Land and Environment Court has determined the first Strata Renewal Plan be given effect under the Strata Schemes Development Act 2015 (the Act).   In the case of Application by the Owners – Strata Plan No. 612...

Published by McCabes News
14 August, 2019
Litigation and Dispute Resolution

You can’t have your contract and eat it: electing not to terminate

A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right. This is known as the doctrine of election. Last Friday the New South Wales Court of Appeal applied the pr...

Published by Andrew Lacey
31 July, 2019
Litigation and Dispute Resolution

The concept of reasonable time in contract law: the Court of Appeal resets the clock in Donau v ASC

It is trite to say that a contract sets out various rights and obligations that the parties to it have. Generally, contracts will specify when these rights have to be exercised or obligations have to be performed. But what if the contract is...

Published by Andrew Lacey
30 July, 2019
Litigation and Dispute Resolution

The Laws of Gods and Men: when commercial disputes must be in the domain of secular courts

The Court of Appeal has recently affirmed a decision to hold a religious tribunal guilty of contempt of Court for trying to pressure one of its adherents into submitting to its jurisdiction for a commercial dispute, as opposed to bringing a claim in ...

Published by Andrew Lacey
5 July, 2019
Litigation and Dispute Resolution

The consequences of serving a subpoena: compliance costs must be paid

Parties to litigation often fire off subpoenas to third parties seeking the production of documents. These subpoenas may seek voluminous documents. The subpoenaed party may often feel that they do not have appropriate redress available in ensuring th...

Published by Andrew Lacey
4 July, 2019
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