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Litigation and Dispute Resolution

Cui Bono: Following the money in fraudulent enterprise

In the recent decision of Haiye Developments Pty Ltd v The Commercial Business Centre Pty Ltd [2022] NSWSC 937, the NSW Supreme Court was asked to weigh in on a complex case of misleading or deceptive conduct and fraudulent enterprise. In these proce...

Published by Chiara Rawlins
14 August, 2022
Litigation and Dispute Resolution

ASIC Applications for Relief

The Australian Securities and Investments Commission (ASIC) is Australia's corporate regulator. Their main role is to regulate companies and financi...

Published by Chiara Rawlins
10 August, 2022
Litigation and Dispute Resolution

ACCC commences proceedings against Airbnb

Airbnb is a popular online platform that facilitates the arrangement between a property owner looking to rent out their space, and those who are looking for a space to rent. The platform has become increasingly popular and is generally used by tra...

Published by Chiara Rawlins
4 August, 2022
Litigation and Dispute Resolution

HotCopper user in hot water as ASIC sees first conviction under information dissemination provisions of the Corporations Act

On 6 June 2022, the user of a popular Australian share trading forum "HotCopper" pleaded guilty to 23 charges of manipulating ASX listed stocks and an additional 19 charges of disseminating information about the illegal manipulation. Gabriel Govinda...

Published by Chiara Rawlins
21 July, 2022
Litigation and Dispute Resolution

Trivago cops $44.7 million in penalties for misleading consumers over hotel room pricing: Australian Competition and Consumer Commission v Trivago N.V. (No 2) [2022] FCA 417

The Federal Court has ordered Trivago to pay $44.7 million in penalties for making misleading representations about hotel room rates in television advertising and on its website, following proceedings brought by the ACCC. The Court's decision in

Published by Chiara Rawlins
16 May, 2022
Insolvency

Avoiding knowledge of vulnerable borrowers is no excuse to unconscionable conduct in asset-based lending: Stubbings v Jams 2 Pty Ltd [2022] HCA 6

In the case of Stubbings v Jams 2 Pty Ltd [2022] HCA 6, the High Court allowed an appeal in relation to unconscionable conduct surrounding asset-based lending and vulnerable borrowers. In particular, the High Court found that lenders cannot ...

Published by Foez Dewan
5 May, 2022
Litigation and Dispute Resolution

Legal professional privilege clarified for multidisciplinary partnerships

It is not unusual for professional service firms to have divisions of advisers across various disciplines, such as a accountants and lawyers.  Can legal professional privilege be used as a shield by these firms to prevent the disclosure of documents?...

Published by Andrew Lacey
12 April, 2022
Litigation and Dispute Resolution

Setting off an unfair preference payment: what are the rights of a creditor?

The Full Court of the Federal Court of Australia has held in a unanimous decision that a creditor of an insolvent company is not entitled to a statutory set off in response to a liquidator's claim for the recovery of an unfair p...

Published by Chiara Rawlins
10 April, 2022
Litigation and Dispute Resolution

Peter’s suffers an ice-cream headache after Federal Court orders $12 million penalty for anti-competitive exclusive dealing

On 25 March 2022, the Australian Competition and Consumer Commission (ACCC) obtained orders in the Federal Court against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters) for engaging in the pract...

Published by Chiara Rawlins
6 April, 2022
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