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Insolvency

Coming clean: Woolworths fined $9 million for participating in detergent price-fixing

Woolworths has admitted to being ‘knowingly concerned’ in a laundry detergent price-fixing scheme that provided Woolworths with a total benefit of $4.36 million. The Federal Court accepted the joint submissions of Woolworths and the ACCC and ordered ...

Published by Andrew Lacey
21 June, 2016
Insolvency

ACCC isn’t chicken on enforcing fowl play

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...

Published by Andrew Lacey
9 May, 2016
Insolvency

A review of the law on penalties

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...

Published by Andrew Lacey
2 May, 2016
Insolvency

ASIC Infringement Notices – you don’t have to contravene to contravene

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...

Published by Andrew Lacey
7 April, 2016
Insolvency

An overarching principle of good faith in Australia: Have we reached Valhalla?

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 ...

Published by Andrew Lacey
4 April, 2016
Insolvency

Avoiding a conflict of interest: what can directors do?

A recent Queensland Court of Appeal case reinforces the long-standing principle that directors must not let their private interests conflict with the fiduciary duties they owe to the company. As was expressed by Lord Cranworth in the seminal case of...

Published by Andrew Lacey
24 November, 2015
Insolvency

In time for Christmas – Court rules Chrisco’s lay-by agreements are unfair

The Federal Court has ruled in Australian Competition and Consumer Commission v Chrisco Hampers Australia Limited [2015] FCA 1204 that Chrisco's lay-by contracts for its Christmas hampers contained terms that contravened the provisions of the Austral...

Published by Andrew Lacey
15 November, 2015
Insolvency

Australia’s High Court says NO to gene patents

Over the years, medical technologies have transformed many previously untreatable diseases. They are usually very expensive to develop but relatively cheap to reproduce. Without the protection conferred by a patent, it would not be economically viabl...

Published by Andrew Lacey
8 October, 2015
COVID-19

Case note – Comcare v Transpacific Industries Pty Ltd [2015] FCA 500

Transpacific, a company that provides recycling, waste management and industrial services, was ordered by the Federal Court of Australia to pay $363,000 to its insurer Comcare as Transpacific admitted contraventions of ss 16 and 17 of the Occupat...

Published by McCabes News
4 August, 2015
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