In Rinehart v Hancock Prospecting, the High Court underlined that arbitration clauses are to be interpreted in accordance with orthodox contractual interpretation principles, but missed the opportunity to clarify whether the liberal presumptive approach to the interpretation of arbitration agreements laid down by the House of Lords in Fiona Trust is good law in Australia.
The Banking Royal Commission was established by the Federal Government in December 2017. The Federal Government released the Commission’s Final Report on 4 February 2019. While the Commission has made a number of key recommendations that affect consumer lending, it has resisted making recommendations effecting wholesale change to the banking sector.
A U.S. bankruptcy trustee has failed in his attempt to use the UNCITRAL Model Law on Cross-Border Insolvency to access Australia’s domestic voidable transaction regime. The case provides some some important insights into the scope, and limits, of the Model Law.
On 24 January 2019, the Australian Law Reform Commission issued a report entitled Integrity, Fairness and Efficiency – an Inquiry into Class Actions Proceedings and Third-Party Litigation Funders. The ALRC report sets out a comprehensive analysis of the current Australian class actions framework and makes 24 recommendations in relation to the regulation of class action proceedings and funding arrangements. Key aspects of the recommendations are set out below.
All partners can potentially be liable for wrongs committed by any one partner, so can a partnership claim the privileges against self-incrimination and exposure to civil penalties? In some “extraordinary and troubling” circumstances, the Federal Court recently determined whether Deloitte Touche Tohmatsu could claim the privileges.
The decision of Queensland’s Court of Appeal provides a recent, practical example of the construction of performance securities and of the application of the strict compliance principle when dealing with issues of form.
NSW Court of Appeal decision on security of payment regime confirms conflict between Victoria and NSW on the applicability of the regime to insolvent companies
The recent decision of the NSW Court of Appeal in Seymour Whyte v Ostwald confirms that the position in NSW conflicts with the Victorian position on the question of whether the security of payments regime applies to companies in liquidation.
Trade Marks – infringement – deceptive similarity – relevance of reputation – distinctiveness of acronyms
The trial judge had held that the appellant’s marks were deceptively similar to those of the respondent within the meaning of 120(1) of the Trade Marks Act 1955 (Cth).
Patents – penal notices and injunction against guarantees of supply for Pharmaceutical Benefits Scheme (“PBS”) listing
Patents – invalidity, threatened infringement, relief
Abuse of process – consecutive actions for infringement of divisional innovation patents
Competing proceedings are now a feature of the class action landscape. GetSwift was the first opportunity for the Full Court of the Federal Court to provide guidance as to the management of competing class actions.
The Full Court of the Federal Court recently considered the fiduciary duties of directors arising out of a dishonest scheme claiming tax deductions that weren’t available to the companies, resulting in liquidation.
Victorian Court of Appeal upholds the availability of a quantum meruit following termination of a contract
The Court of Appeal has upheld a VCAT decision in which owners were ordered to pay a builder $660,526.41 by way of a quantum meruit following the termination of a building contract, a sum which was considerably more than the builder might have recovered in a damages claim under the contract.
Trade marks – application for judicial review of decision of Registrar to extend time for filing notice of intention to oppose application for removal of two trade marks – “circumstances beyond control of the person”