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Litigation and Dispute Resolution

Building stronger foundations – 10 key points for architects and designers about the proposed reforms to the regulation of the building and construction sector

The NSW Government has now (on 26 June 2019) released a discussion paper entitled "Building Stronger Foundations: Implementing the NSW Government Response to the Shergold Weir Building Confidence Report" (the Discussion Paper

Published by McCabes News
28 June, 2019
Litigation and Dispute Resolution

Running feet first into cartel conduct: when jumping the gun can lead to biting the bullet

It is a commercial fact of life that businesses will seek to merge with each other. Combining the efforts and resources of two previously separate competitors in an industry can lead to a more successful business. However, the businesses must be well...

Published by Andrew Lacey
23 June, 2019
Litigation and Dispute Resolution

Retuning the franchise sector: Ultra Tune ordered to pay a $2.6 million penalty

The Federal Court decision of Australian Competition and Consumer Commission (ACCC) v Ultra Tune Australia Pty Ltd [2019] FCA 12 sent shockwaves through the franchise sector after imposing a $2.604 million penalty against national franchisor...

Published by Foez Dewan
14 May, 2019
Litigation and Dispute Resolution

Partner in (fighting) crime: ACCC welcomes new alliance with FBI

The ACCC has welcomed a new alliance with the United States Federal Bureau of Investigation (FBI) as of April 2019. The ACCC announced on 15 April 2019 that the ACCC and FBI have signed a Memorandum of Cooperation (the Memora...

Published by Foez Dewan
8 May, 2019
Litigation and Dispute Resolution

Viagogo faces the music: ticket reseller found guilty of breaching the ACL by engaging in misleading or deceptive conduct

In a recent decision of Australian Competition and Consumer Commission v viagogo AG [2019] FCA 544, the Federal Court of Australia has found that online ticket reseller Viagogo had engaged in four misrepresentations that were misleading or w...

Published by Foez Dewan
7 May, 2019
Litigation and Dispute Resolution

Make good obligations in leases: do they apply if the premises will be demolished?

Could a tenant avoid or resist their make good obligations on the basis that the make good obligations (or payment in lieu) would be of no value and give the landlord an unfair windfall?   In commercial leases, often the most contentious terms...

Published by McCabes News
17 April, 2019
Litigation and Dispute Resolution

Misleading promises about the future: the shifting sands of the onus of proof

Most Australians are broadly familiar with the Australian Consumer Law (ACL), which is a statutory regime that creates rights and obligations for trade and commerce throughout Australia. One of the most famous products of the ACL is ...

Published by Andrew Lacey
17 April, 2019
Insolvency

Authorised to lodge a caveat? Think again!

The ability to lodge a caveat is a valuable form of security for a lender to possess to protect their interests. However, what is often overlooked is that in order to lodge an effective caveat, a party must have a ‘caveatable interest’.   In

Published by Andrew Lacey
25 March, 2019
Insolvency

Calls for stronger whistleblower protections answered by recent passage of Whistleblower Bill

On 19 February, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018  (the Bill) was passed by both the upper and lower house in Parliament. Significantly, the Bill will amend the Corporations Act ...

Published by Andrew Lacey
7 March, 2019
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