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Legal perspectives from our expert lawyers
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The Federal Court has declared that Derodi Pty Ltd and Holland Farms Pty Ltd, trading in partnership as Free Range Egg Farms (FREF), made false and misleading representations under the Australian Consumer Law (ACL) b...
With a High Court appeal pending in the bank fees class action case, Paciocco v Australia and New Zealand Banking Group Limited [2015] FCAFC 50 (“Paciocco”), it is timely to undertake a review of where the law currently stan...
Businesses of all sizes have a litigation risk. Whether you’re a small business owner or a director of a publicly listed company, there are many aspects of being an owner/manager which may result in a potential exposure to litigation. When litigatio...
In October last year, the Federal Government introduced a suite of reforms to the Australian Securities and Investment Commissions Act 2001 and Schedule 2 to the Competition and Consumer Act 2010 relating to the legality of ‘unfair ...
In 2004, the commonwealth legislature introduced Part 9.4AA into the Corporations Act 2001 (Cth) (the Act). This part empowers the Australian Securities and Investments Commission (ASIC) to...
By its very nature, capitalism epitomises struggle. Just as the God of Norse mythology, Odin, would reward a fallen warrior’s struggle with a seat in Valhalla, capitalism rewards those who are victorious in the struggle for wealth creation. In the ...
Section 440D imposes a stay on “proceedings in a court” against a company whilst it is in administration under Part 5.3A of the Corporations Act. It is well established that the term “proceedings in a court” does not include an arbitration proceeding...
On 11 December 2015, special leave to appeal to the High Court of Australia was granted in the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor. This case will provide the High Court with the opportunity to reco...
The Australian ‘farm debt’, currently standing at $67 billion, has more than doubled over the past decade according to the Reserve Bank of Australia. Given that approximately 94% of this debt is owed to Australian banks, and in light of the fact that...