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The limits of lawyer-driven litigation
Insight 24 Jul 2014

A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...

Compliance with multi-tiered dispute resolution clauses
Insight 28 Jul 2016

The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...

ACCC brings first 'excessive surcharge' proceedings
Insight 01 Aug 2018

The ACCC has instituted Federal Court proceedings against Europcar for allegedly imposing excessive payment surcharges on customers. This is the first court proceeding commenced by the ACCC under the new prohibition and serves as a reminder to businesses that card payment surcharges must be limited. ...

Court finds PZ Cussons spotless in alleged laundry detergent cartel
Insight 19 Jan 2018

Allens acted for PZ Cussons in successfully defending the first contested hub and spoke cartel case brought by the ACCC ...

Take care with agency arrangements - Flight Centre decision
Insight 14 Dec 2016

The High Court has handed down its decsion in the high profile ACCC proceedings against Flight Centre where the organisation competed with airlines in the sale of international airline tickets and attempted to induce three major airlines to enter price-fixing arrangements. ...

Navigating split dispute resolution clauses – where's Google Maps when you need it?
Insight 15 Jul 2019

A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...

Website-blocking injunctions to prevent online piracy
Insight 14 Apr 2015

In an effort to reduce the rate of online copyright infringement the Australian Government has introduced a Bill that will allow copyright owners to apply for an injunction requiring internet service providers to take steps to block piracy websites from their users Senior Associate Jonathan ...

Contract Law Update 2018
Insight 26 Mar 2019

This Insight examines the latest developments in contract law ...

Contract Law Update 2017
Insight 07 Mar 2018

The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...

The latest from the High Court on contractual interpretation
Insight 30 Mar 2017

A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...

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