271-280 of 358 results
Double recovery as a challenge to the enforcement of an arbitral award
The Victorian Court of Appeal has refused an application for leave to appeal against the enforcement of an arbitral award The applicants applied for leave to appeal on the basis that enforcement of the award would be contrary to public policy as it would give effect to double recovery by the ...
Court accepts market-based causation
Perhaps the most important unanswered question in Australian class action law has been how causation may be established in a shareholder class action After more than a decade of uncertainty the Supreme Court of NSW has ruled that shareholders can prove causation by establishing that the price of the ...
Court refuses to approve class action settlement
In a recent Federal Court decision Justice Murphy refused to approve the settlement agreement between the parties to the Willmott class action finding that the terms of the settlement were not fair and reasonable ...
Full Federal Court blocks US depositions for Australian class action
The Full Federal Court has ordered an anti-suit injunction against the applicant and a group member in the Treasury Wine Estates shareholder class action preventing the taking of oral depositions from US-based employees under US court procedures Partner Duncan Travis and Associate Michela Agnoletti ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
Linklaters Insights: Business Crime Quarterly
In the Business Crime Quarterly Autumn 2017 edition our global alliance partner Linklaters examined the extent to which international regulators and prosecutors are increasingly working together to tackle economic crime We contributed summaries on the recently published judgment in the Tabcorp civil ...
ASIC's sanctions and powers to be strengthened
The Federal Government has announced that it proposes to strengthen ASICs powers and to increase the severity of penalties civil and criminal that can be imposed on individuals and corporations in line with the ASIC Enforcement Review Taskforces recommendations Partner Rachel Nicolson and Senior ...
Competing class actions - the court takes control
The Federal Court has made orders permanently staying two competing shareholder class actions against GetSwift Limited and allowing a third class action to proceed The latest in a series of judgments where the courts have grappled with the problem of competing class actions Justice Lees decision ...
Misuse of market power - Court rejects ACCC allegations against Pfizer
The full federal court have ruled in favour of Pfizer against the ACCC alleging that Pfizer used its market power for an anti-competitive purpose (s 46) and engaged in exclusive dealing conduct for the purpose of substantially lessening competition in the atorvastatin market (s 47). ...