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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
Litigation and Dispute Resolution

The ACCC launches proceedings against Meta for publishing scam cryptocurrency ads featuring celebrities on Facebook

The Australian Competition and Consumer Commission (ACCC) has launched Federal Court proceedings against Facebook owner Meta Platforms, Inc. and Meta Platforms Ireland Limited (Meta), alleging Meta engaged in false, misleading, or deceptive conduct t...

Published by Chiara Rawlins
30 March, 2022
Litigation and Dispute Resolution

McCabes named as finalist in 2022 Client Choice Awards

McCabes have been named as finalists in the category of Best Law and Related Services Firm $50M - $200M Revenue in the 2022 Client Choice Awards.   &nb...

Published by McCabes News
23 March, 2022
Litigation and Dispute Resolution

Rectifying injustices in contract formation: Court of Appeal confirms approach to setting aside unfair contracts under the Contracts Review Act

The Court of Appeal of New South Wales recently upheld a decision of the Supreme Court to set aside a deed under the Contracts Review Act 1980 (NSW) (the Act) on the basis that it was an unjust contract due to substantive an...

Published by Andrew Lacey
21 March, 2022
Litigation and Dispute Resolution

Pursuing private claims through public examinations: High Court extends the permissible range of ‘eligible applicants’

Recently, the High Court of Australia in Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3 ('Walton')...

Published by Andrew Lacey
6 March, 2022
Litigation and Dispute Resolution

McCabes News: McCabes promote 14 across firm

It is with great pleasure that McCabes announce promotions effective 1 January 2022 across the firm. We wish to congratulate: 

Published by McCabes News
15 December, 2021
Litigation and Dispute Resolution

The minefield of moderating comments: High Court decision has major implications for publications on social media

Recently, the High Court of Australia in Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2021] HCA 27, upheld the decision of the NSW Court of Appeal that media and news companies were "publishe...

Published by Foez Dewan
14 December, 2021
Litigation and Dispute Resolution

Leave small businesses “a loan”: Federal Court declares unfair terms in Bank of Queensland finance contracts with small businesses

Upon application from ASIC, the Federal Court has determined that several terms contained within Bank of Queensland's (BoQ) small business contracts are unfair. This decision follows on from a suite of government reforms passed in 2...

Published by Andrew Lacey
8 November, 2021
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