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Australia – No Safe Harbour for Cartel Offenders - Commercial Litigation & Dispute Resolution Update - August 2010
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1
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22KB
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On 27 July 2010 a federal jury in Philadelphia, United States convicted Ian Norris, the former CEO of The Morgan Crucible Company plc, of conspiring with others to obstruct justice. The conviction was celebrated by the United States Department of Justice, who have been pursuing Mr Norris since 2004 on charges of price-fixing and obstructing justice in connection with the Department of Justice’s antitrust investigation of price fixing in the carbon products industry.
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New All Purpose Dispute Resolution Centre Opens - Commercial Litigation and Dispute Resolution Update - August 2010
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1
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17KB
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On 3 August 2010 the Australian International Disputes Centre (AIDC) was formally opened by the Commonwealth Attorney-General Robert McClelland and NSW Attorney-General John Hatzistergos. It is intended that the AIDC will become the Australian hub of dispute resolution, offering services for both domestic and international matters, with a particular focus on attracting corporations operating in the Asia-Pacific region.
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Use of registered trade marks – how much is enough? The Barefoot Wines and Barefoot Radler trade mark infringement case - Commercial Litigation and Dispute Resolution Update - June 2010
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1
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20KB
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Lion Nathan National Foods' (Lion Nathan) application to the High Court of Australia to use the name “Barefoot Radler” for its range of light beer products has failed. The High Court found that the sale of 41 bottles of wine bearing the registered trade mark “Barefoot” was sufficient to show “use” of the trade mark, as set out in section 7 of the Trade Marks Act 1995 (Cth) (Act). The decision highlights the importance of making proper inquires before selecting and investing in any brand name.
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Civil Dispute Resolution Bill Introduced into Parliament to Force Early Settlement - Commercial Litigation and Dispute Resolution Update - June 2010
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1
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17KB
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On 16 June 2010, the Attorney-General Robert McClelland, introduced the Civil Dispute Resolution Bill (the Bill) into Parliament. The Bill’s purpose is to promote a move away from the often stressful, expensive adversarial culture of litigation by requiring litigants to take genuine steps to resolve their legal disputes before commencing court proceedings.
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New Legislation Gives Public Greater Access to Court Information – How Safe is Your Commercially Sensitive Information? - Commercial Litigation Update - June 2010
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1
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19KB
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The Court Information Act 2010 (NSW) (Act) came into force on 26 May 2010. The intention of the Act is to encourage open justice and to overhaul the previous complex and inconsistent system governing the release of court information. This legislation is particularly relevant to commercial enterprises, which now need to be diligent in protecting their confidential and commercially sensitive information in court proceedings.
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FOI Reforms: Introduction of a New Public Interest Test Paves the Way for Increased Disclosure - Commercial Litigation and Dispute Resolution Update - June 2010
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1
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40KB
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On 13 May 2010 the Senate passed two bills relating to the Freedom of Information Act 1982 (FOI Act). The first, the Freedom of Information Amendment (Reform) Bill 2010 (FOI Bill) introduces a suite of substantial changes to the law relating to freedom of information, most notably the introduction of a new public interest test for disclosure.
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Shareholder Oppression – No Divorce Where Marriage Still 'Commercially Viable' - Commercial Litigation and Dispute Resolution Update - May 2010
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1
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24KB
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In a recent decision, the Supreme Court of New South Wales has confirmed that the winding up of a company is a remedy of last resort in cases involving allegations of shareholder oppression or in cases where there has been an irreparable breakdown in relationships.
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The ASEAN – Australia - New Zealand Free Trade Agreement – Safer investment in Asia? - Commercial Litigation and Dispute Resolution Update - November 2009
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2
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19KB
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At the recent ASEAN Summit it was decided that the ASEAN-Australia-New Zealand Free Trade Agreement (AANZ-FTA) will enter into force on 1 January 2010.
The AANZ-FTA, signed in early 2009, covers 12 countries, over 600 million people and approximately 20% of Australia’s total trade. For Australians investing in Asia, the AANZ-FTA heralds a new era of safer investment and simpler dispute resolution.
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10 Good Reasons to Get to Know Arbitration - Commercial Litigation and Dispute Resolution Update - October 2009
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1
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22KB
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Arbitration clauses (or other alternative dispute resolution clauses) are absent in a disturbing number of agreements. This is all well and good if you don’t mind fighting in the courts, but if you would like to have a chat before you go to court, or would like to at least try to arbitrate or mediate, a dispute resolution clause is a good idea. This update looks at ten good reasons to get to know arbitration.
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Commercial Litigation and Dispute Resolution Update - August 2009
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2
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18KB
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Regulation of the right to privacy: Keeping things quiet could become a whole lot easier. By Snezana Vojvodic and Sally Head of Gadens Lawyers, Sydney
As the internet continues to increase the speed and breadth of information sharing, the disclosure of information about friends, colleagues and public figures has become increasingly easy. It follows that violations of an individual’s right to privacy is also on the rise.
On 14 August 2009, the NSW Law Reform Commission (Commission) released a report recommending the introduction of legislation dealing with invasion of an individual’s privacy and providing mechanisms to protect individuals. This has ramifications for individuals and businesses in dealing with people’s personal information and profile.
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Keeping it short in the Federal Court - new "fast track" rules - Commercial Litigation and Dispute Resolution Update - July 2009
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20KB
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Disagreements of one kind or another are a part of commercial life. When efforts to resolve those disagreements are not successful, the matter will often end up in court. While litigation can be a slow and expensive way of resolving disputes, sometimes it can not be avoided. Unfortunately, the court system can be vulnerable to the tactics of one or both parties seeking to delay proceedings, effectively creating a war of attrition in the courtroom. The result forces both parties to devote precious resources to armies of lawyers wielding swathes of paper.
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Getting the Deal Through - Dispute Resolution 2009 - Australia
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1
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678KB
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Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Dispute Resolution 2009 (published in May 2009; contributing editor Simon Bushell, Herbert Smith LLP). For further information please visit www.GettingTheDealThrough.com
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Just, quick and cheap – new possession list procedures in the Supreme Court of NSW - Litigation Update - May 2009
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15KB
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Just, quick and cheap? Lenders are often frustrated by the cost and length of time taken to resolve possession proceedings where a defence has been filed by the borrower. In NSW, courts are required to implement rules in a way that promotes the “just, quick and cheap” resolution of the “real issues” in dispute in proceedings. To promote this aim, the Supreme Court of NSW has recently put in place a new regime for dealing with possession matters in which borrowers have filed a defence.
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Banking and Finance Update - February 2009
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1
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34KB
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Loss arising from non arms length sale: Court allows lender to recover against various third parties. A non arms length sale is a hazard that most incoming mortgagees want to avoid. This month Levy J, in the District Court of NSW, found that a lender was entitled to recover a shortfall from a number of third parties who had varying degrees of responsibility for submitting a misleading front page of a sales contract as part of a loan application.
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Corporate Update - February 2009
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1
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32KB
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CAMAC Report on the Sons of Gwalia decision – shareholder claims maintain status. The Corporate and Markets Advisory Committee (CAMAC) report released on 29 January 2009 maintains the rights of aggrieved shareholders seeking to claim against insolvent companies.
The report supports the 2007 High Court decision in Sons of Gwalia which considered the conventional thinking that claims by shareholders are postponed to claims by creditors in the winding up of a company. The High Court had determined that, if a shareholder claim was based on non-compliance with disclosure laws, or some other corporate misconduct, then it was not a claim in the shareholder’s capacity ”as a member of the company” and would, as a consequence, rank equally with the claims of unsecured creditors.
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Retail Leasing Update - February 2009
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1
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25KB
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Who pays the legal costs of retail lease litigation in the ADT?
The ‘No Costs’ nature of the Retail Leases jurisdiction is often a significant consideration in deciding whether or not to commence or defend claims in the Administrative Decisions Tribunal.
Recent changes to the Administrative Decisions Tribunal Act 1997 (NSW) have altered this dynamic and made adverse legal costs orders more likely.
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Litigation Update - January 2009
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1
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13KB
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Therapeutic Goods Administration's Technical Review of the Code of Practice for Tamper-Evident Packaging of Therapeutic Goods. The Therapeutic Goods Administration (TGA) is inviting submissions from interested parties to help inform a technical review of the Code of Practice of the Tamper Evident Packaging (TEP) of Therapeutic Goods (The Code ). The TGA’s expert subcommittee (The Subcommittee) will be undertaking the review.
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Litigation Update - December 2008
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1
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12KB
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Nudie in Court
The Federal Court has granted the Australian Competition and Consumer Commission (ACCC) an injunction and made orders that Nudie Foods Australia Pty Ltd (Nudie) publish corrective notices on its websites and institute a training and trade practices compliance program for misleading labelling on its packaging for Nudie fruit juices.
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Litigation Update - November 2008
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2
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24KB
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What’s hot in valuer claims: part I. In the current economic landscape lenders are increasingly suffering significant shortfalls from the sale of their security.
In cases where the valuation on which the lender relied was negligent, pursuing a claim against the valuer is a key part of effecting a full recovery.
In November, December and January Gadens Lawyers is publishing e-updates on current issues affecting claims against valuers.
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General Update - July 2008
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1
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24KB
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The Sonny Bill Williams Saga: Will he get to play "the game they play in heaven"? Sonny Bill Williams has created quite a stir in Australia following his decision to walk out at the beginning of a 4 year contract with the Bulldogs
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Commercial Litigation Update - March 2008
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2
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23KB
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Uncommercial transactions - recent decisions. Uncommercial transactions in section 588FB of the Corporations Act 2001 (Cth) are the main recovery tool available to liquidators, designed to sanction corporate misconduct
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Commercial Litigation Update - December 2007
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2
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28KB
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In-house counsel and client-legal privilege - don't take your independence for granted
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Litigation Update - October 2007
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2
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19KB
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Picking your arbitrator: guidelines on interviewing arbitrators
You are general counsel at a busy company and it's just an ordinary business day… until a Notice of Claim arrives on your doorstep. Proceedings commence and you get a letter from the other side proposing that you meet to interview the prospective arbitrator. Surely not…
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Litigation Update - July 2007
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2
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20KB
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Sticks and stones may break your bones... but words will never hurt you. Anyone who has been the subject of gossip (or worse) probably wouldn't agree with this. Words can do great harm. Imagine, for example, that a national current affair program said you were a paedophile. That's what happened in arguably the gravest Australian defamation case in recent times. That kind of damage and suffering is hard to undo.
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Commercial Litigation Update - April 2007
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2
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16KB
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Lee v Surfers Paradise Beach Resort Pty Ltd - Q1 Tower developer validly terminates contract of sale - on 27 April 2007 Justice Wilson of the Supreme Court of Queensland delivered an important new judgment regarding the obligation under s 213(2)(c) of the Body Corporate and Community Management Act 1997 for vendors selling lots "off the plan" to disclose the terms of the authorisation proposed to be given to the letting agent for the scheme
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Litigation Update - December 2006
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2
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13KB
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Employees beware - liability for misleading conduct at work - you're not covered by your employer - today, the High Court held that employees are liable under State fair trading legislation that prohibits a 'person' from engaging in misleading and deceptive conduct
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