561-570 of 1168 results

Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
Insight 11 Dec 2017

The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...

Financial products - design and distribution obligations and product intervention powers
Insight 22 Dec 2017

After a considerable gestation period the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. ...

Personal advice and the best interests duty
Insight 21 Mar 2018

There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...

Significant High Court decision on settlement of regulatory proceedings
Insight 09 Dec 2015

The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...

Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...

The investment chapter of the Trans-Pacific Partnership
Insight 14 Dec 2015

The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

Contractors face uphill battle restraining security calls
Insight 07 Mar 2016

The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...

Misuse of market power - Court rejects ACCC allegations against Pfizer
Insight 25 May 2018

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). ...

Excessive payment surcharging reforms
Insight 11 Jul 2017

As of 1 September 2017 merchants will be prohibited from charging excessive payment surcharges for certain payment methods Under the new rules businesses can only pass on to customers what it costs them to process a payment The Allens Competition team have put together a brief overview of the ...

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