In proceedings brought in the Federal Court of Australia, ASIC has successfully established that one of the world’s largest investment managers contravened the ASIC Act when it made a series of...
The latest signpost on the long road to defamation law reform appears to point to another departure from national uniformity with the announcement that not all states are on-board for a revised set...
In its first review of a merger authorisation application since the current regime came into effect in 2017, the Australian Competition Tribunal (Tribunal) has upheld the Australian Competition and...
A recent Federal Court decision has resulted in a $1.65 million penalty being imposed on a pathology service provider for paying rents for collection sites within medical centres at significantly...
Further to our recent insight on ASIC’s greenwashing case against Vanguard Investments, ASIC’s strategic focus on greenwashing conduct in the funds sector continues.
High Court of Australia expands concept of a “benefit” for civil penalty and criminal sentencing principles – larger corporate penalties are on the way!
ASIC’s strategic focus on greenwashing conduct in the funds sector continued this week, with the regulator commencing Federal Court proceedings against one of the world’s biggest investment...
The Australian Government has finally re-enacted a Bill to reform important parts of Australia’s foreign bribery laws, many years after the Australian Senate and numerous parliamentary committees...
On 10 May 2023, in the unanimous five-judge decision of New Aim Pty Ltd v Leung [2023] FCAFC 67, the Full Federal Court provided some long awaited guidance on the preparation of expert reports and...
On 12 May, the UK High Court refused permission for environmental group ClientEarth to continue its claim against the directors of Shell plc (Directors) for their alleged failure to manage climate...
Last year, we looked at how the commencement of civil litigation in Australia had been impacted by the COVID-19 pandemic during FY20 and FY21. Around the country, there were nearly 20% less civil...
The Australian Securities and Investments Commission (ASIC) has sent a strong message to companies and their officers that it is starting to enforce whistleblower protections in its first case...
The Commissioner of Taxation (Commissioner) has been actively pursuing the application of the anti-avoidance provisions to trust structures and trust distributions. In the most recent decision, the...
The ATO has issued its decision impact statement (DIS) about a year after the Full Federal Court decision in Shell Energy Holdings Australia v Commissioner of Taxation [2022] FCAFC 2 (Shell Energy).
On 10 December 2022, the Corporations Amendment (Litigation Funding) Regulations 2022 (Cth) (Regulations) came into effect. In summary, the regulations bring the status of litigation funding...
Bogan v The Estate of Peter John Smedley (Deceased) [2022] VSC 201 On 26 April 2022, John Dixon J delivered judgment in the Arrium class action holding that a group costs order (GCO) at 40...
In recent years, commercial litigators have become accustomed to delays in interlocutory steps and adjournments of hearings and trials as the courts have responded to the COVID-19 pandemic and...
In a significant decision delivered on 16 February 2022, the High Court in Walton [1] overturned the NSW Court of Appeal’s decision to set aside an examination summons issued by Arrium’s...
Most Australian superior and intermediate courts have the power to award successful litigants interest on monetary judgments for the period between their claim arising and judgment being given by...
When business partners fall out with each other, disagree as to the direction of a company, or simply face circumstances that leave a minority shareholder feeling harshly dealt with, threats of an...
The first ‘group costs order’ (GCO) has been made in the Supreme Court of Victoria, one year and five months after the regime came into effect. It was granted by the Honourable Justice Nichols in...
Medicare has commenced proceedings against a pathology provider for paying rents significantly above market rate.
‘Class action waiver’ clauses are clauses under which a party waives their right to participate in a class action. Sometimes found in consumer agreements (particularly in the United States) such...
The first determination of an application seeking a ‘group costs order’ (GCO) was unsuccessful for the plaintiffs in two flex commission class actions in the Supreme Court of Victoria.
A sensitivity analysis can be a useful tool for assessing the likelihood of meeting earnings forecasts. But are public companies bound to disclose that analysis to the market? The Full Court of the...