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Litigation and Dispute Resolution

Expansion of the Unfair Contract Terms Regime: how does this effect you?

As the April long weekend drew to a close, the latest amendments to the Unfair Contract Term Regime came into effect. The amendments see the Regime's reach extend to include certain insurance contracts covered by the Insurance Contracts Act 1984

Published by Chiara Rawlins
22 April, 2021
Litigation and Dispute Resolution

Friend or foe – common interest privilege between joint plaintiffs and joint defendants

Legal professional privilege (LPP) protects communications between a lawyer and a client if it was made for the dominant purpose of seeking or providing legal advice, or for use in anticipated legal proceedings.  When successfully cl...

Published by Andrew Lacey
11 March, 2021
Litigation and Dispute Resolution

New director resignation laws now in effect

As explored in our previous article here, in February 2020, the Treasury Laws Amendment (Combating Illegal Pho...

Published by Andrew Lacey
9 March, 2021
Litigation and Dispute Resolution

In-N-Out of court: Trade mark wars

In the final days of 2020, global burger chain In-N-Out Burger had plenty to celebrate. After years of litigation and success earlier that same year in the Federal Court, In-N-Out Burger was again victorious before the Full Federal Court of Australia...

Published by Chiara Rawlins
8 March, 2021
Litigation and Dispute Resolution

Taken to court: ACCC commences proceedings against Fuji Xerox for alleged breaches of the Australian Consumer Law

In the last quarter of 2020, the ACCC commenced proceedings against Fuji Xerox Australia Pty Ltd and a related entity (together "Fuji") for the alleged use of unfair contract terms in their standard form contracts since October 2018....

Published by Chiara Rawlins
10 February, 2021
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
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