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Litigation and Dispute Resolution

Reform to the Regime: Protections against unfair contract terms set to be strengthened

In November 2020, the Federal and State Governments' announced their mutual intentions to amend the Unfair Contracts Regime (the Regime) to enhance the protections offered by the current Regime.   After a twelve-month investig...

Published by Chiara Rawlins
10 February, 2021
Insolvency

Betting on Bitcoin: the law on directors’ duties and cryptocurrencies

Bitcoin has hit an all-time-high this week, breaching AUD$60,000 and appears to be in a new price-discovery phase. The rise is, at least partially, coming off the back of ubiquitous American electric vehicle automotive company, Tesla, confirming in S...

Published by Chiara Rawlins
10 February, 2021
Litigation and Dispute Resolution

Kogan ordered to pay $350,000 for misleading and deceptive “Tax Time” promotion

In our previous article, we considered the Federal Court decision of Australian Competition and Consumer Commission...

Published by Chiara Rawlins
27 January, 2021
Litigation and Dispute Resolution

From ploughshares to swords: misleading and deceptive conduct for warranties and spare parts

The Australian Competition and Consumer Commission has commenced proceedings before the Federal Court of Australia against AA Machinery Pty Ltd (trading as Agrison), alleging breaches of the Australian Consumer Law (ACL

Published by Chiara Rawlins
8 December, 2020
Litigation and Dispute Resolution

Oscar Wylee “improperly exploited the good nature of consumers” through its false charitable promises, the Federal Court finds

The Australian Competition and Consumer Commission (ACCC) was recently successful in its action against Oscar Wylee Pty Ltd (Oscar Wylee), with the Federal Court ordering a $3.5 million penalty for its contraventions...

Published by Chiara Rawlins
8 December, 2020
Insolvency

Can two wrongs make a right? Dealing with company deadlock through statutory oppression

Often in the early stages of establishing a company resources are pooled and liabilities are met equally. As a result, directors agree to divide the company in half with each getting 50% of the shares with a view to working together amicably for the ...

Published by Foez Dewan
8 September, 2020
Litigation and Dispute Resolution

Not a game: breaches of the Australian Consumer Law for digital goods

We have previously written about video game developer and distributor Valve and its battle with the ACCC. In our previous article here

Published by Chiara Rawlins
10 August, 2020
Litigation and Dispute Resolution

High Court of Australia gives direction as to who is an officer of a company

Officers of corporations, such as directors, owe various duties to their company and can be held personally liable in the event of a breach. This includes duties to avoid insolvent trading, a duty of care and skill, good faith, and to keep books and ...

Published by Andrew Lacey
11 June, 2020
Intellectual Property and Technology

Donations & trust fund distributions: the Celeste Barber decision

The case of In the matter of the New South Wales Rural Fire Service & Brigades Donations Fund; Application of Macdonald & Or [2020] NSWSC 604 was handed down on Monday, 25 May 2020 with the Supreme Court advising that the $51 million...

Published by Andrew Lacey
1 June, 2020
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