In recent decisions of the Federal Court (Wigney J) and the NSW Court of Appeal (Bathurst CJ), unreasonableness jurisprudence has been relied on to reject the argument that the “illogicality” ground of judicial review is solely concerned with the end result, as opposed to findings or reasoning “on the way”.
The Supreme Court of Victoria has dismissed an application by a company to set aside a statutory demand which sought repayment of a loan which was to be repaid “as soon as practicable”. The Court held that the term as to repayment was void for uncertainty, and that the loan was accordingly immediately due and payable from its inception.
An overview of current contentious issues in the National Electricity Market: Basslink outage and energy rationing in Tasmania, wholesale price spikes in South Australia, and the blocked acquisition of Ausgrid.
The Victorian Court of Appeal recently allowed an appeal against an order staying a proceeding brought by companies in liquidation against their former directors for knowingly assisting breaches of trust allegedly committed by the companies. The Court discussed the principles that operate in such circumstances.
The High Court has confirmed that the making of a “procedural” decision to consider exercising a non-compellable discretion to either grant a visa or to permit a further application for a protection visa (which decision has the effect of prolonging the mandatory detention of those affected) gives rise to an obligation to accord procedural fairness.
Copyright – television broadcasts – communication to the public – Russian language programmes – whether channel streaming a “television broadcast” – “relevant broadcaster” – whether exclusive licence.
Trade marks – infringement – use as a trade mark in Australia – goods manufactured and sold overseas for resale in Australia – whether foreign vendor used marks in Australia. Playgro Pty Ltd v...
Trade marks – parallel importation – removal of original packaging and repackaging to comply with local regulation – whether use as a trade mark by reseller – whether section 123 defence applies.
Association with the Olympic brand is a marketer’s dream. Through national and international law, the Olympic Movement is afforded considerable protection against the practice of “ambush marketing” and unauthorised uses of Olympic Insignia. Recently, the Federal Court had opportunity to consider the scope of protection afforded in AOC v Telstra.
In this recent decision, the Court of Appeal held that deleted words appearing on the face of an executed contract may not be used to interpret a clause unless the clause in question (excluding the deleted words) is ambiguous. If it is, the deleted words may be used, only, to assist in choosing between alternative constructions.
In Crown Melbourne Ltd, the High Court held that a statement that lessees “would be looked after at renewal time” did not give rise to an estoppel in favour of the lessees. The judgments of the majority members of the Court should not distract attention from, or suggest a confinement of, the broad inquiry involved in assessing a claim of promissory (or proprietary) estoppel.
For the second time in four years the High Court has considered penalties, but the law remains somewhat fragmented and challenges remain for practitioners seeking to apply it in practice.
Security of Payment: What constitutes a “method of resolving disputes” and the adjudicator’s role in assessing value
In this recent decision, the Court of Appeal held that a mediation-based dispute resolution clause in a construction contract did not oust the jurisdiction of an adjudicator under Victorian security of payment legislation, and that an adjudicator is not bound by a valuation certified by a superintendent under a contract.
Statements made during negotiations: rectification or estoppel where the written agreement differs from the terms of an antecedent bargain?
The New South Wales Court of Appeal has confirmed that rectification of a contract is generally only available to redress a common mistake, and that estoppel is available in respect of pre-contractual representations, even in the face of an entire agreement clause.