341-350 of 367 results
Practical pitfalls and the sacrosanct limitation of liability clause
Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...
Allens' submission to ALRC Class Actions Inquiry - time to revisit the checks and balances
The Australian Law Reform Commissions Inquiry into Class Actions and Third Party Litigation Funders provides an important and timely opportunity to reflect on the operation of our class actions regime We have made a detailed submission to the ALRCs Inquiry in which we advocated for a renewed focus ...
Predictive coding: the future of electronic document production?
A recent decision of the English High Court may pave the way for the use of predictive coding in large scale discovery and regulatory investigations in Australia Partners Nick Rudge and Duncan Travis Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new ...
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). ...
'Bordering on impossible' that husband and wife duo were independent contractors
The Federal Court decided that a husband and wife who worked from home and sometimes outsourced their work were employees instead of independent contractors, making the employer guilty of sham contracting, underpayments and other breaches. ...
Employment Law
This Insight examines the latest developments in employment law ...
Employment Law
This Insight considers recent developments in Employment Law. ...
Federal Court sheds new light on public benefit test in Tatts/Tabcorp merger appeal
The Federal Courts decision about the proposed TabcorpTatts merger has provided significant clarification about the public benefit test for authorisations This is timely in light of the legislation before the Senate that proposes to combine the Tribunal authorisation process with the formal ACCC ...
First successful prosecution under Australian criminal cartel conduct provisions
Nippon Yusen Kabushiki Kaisha has been fined 25 million in the first criminal cartel conduct prosecution commenced in Australia providing guidance on how a court will determine penalties under the criminal cartel laws ...
Class action and litigation funding review - ALRC grapples with thorny issues
As part of its current inquiry into class actions and litigation funders the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding In general it ...