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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
Litigation and Dispute Resolution

Agent’s commission – could a purchaser’s inspection of a property with an agent entitle that agent to the commission?

Often agents claim commission payable to that agent merely as a result of an enquiry that may have been made by a purchaser or a purchaser having inspected the property whilst the property was listed with that agent. But is that enough to entitle the...

Published by McCabes News
14 May, 2020
Corporate

The ACCC gives the green light to tenants to collectively bargain with landlords

Recently, Australia's key competition and consumer regulator, the Australian Competition and Consumer Commission (the ACCC), granted interim authorisation to tenant retailers to collectively bargain with landlords for rent relief ami...

Published by Chiara Rawlins
11 May, 2020
Litigation and Dispute Resolution

The divergent approach of contract interpretation in Australia: Victorian Supreme Court weighs in on an ambiguous question

An ongoing area of debate in contract law has been the examination of what the "true rule" is arising out of the High Court's decision in Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337. That is, whe...

Published by Andrew Lacey
6 May, 2020
Commercial

To e-sign or not to e-sign? An update on e-signature requirements on documents in the wake of COVID-19

Electronic signatures (or e-signatures) are increasingly being adopted in commercial practice due to the ease and efficiency for individuals and businesses to engage in transactions. However, the law is not always clear on whether e-signatures can be...

Published by Chiara Rawlins
27 April, 2020
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