The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...

At a time of increasing shareholder activism a recent decision of the Full Court of the Federal Court has confirmed that activist shareholders have a very limited part to play in the exercise of a boards power in the management of a company Partners Kim Reid and Julian Donnan and Associate Manu ...

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...

With the release of an ASFA Best Practice Paper on insourcing investment management we look at some of the challenges and opportunities for in-house legal teams that come with the seemingly inexorable move in the superannuation industry towards insourcing investment management functions ...

The NSWSC has selected one of five ongoing class actions against AMP Limited to proceed, making a clear statement that multiple class actions raising similar issues should not be permitted without good reason ...

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 ...

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 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 ...