Commentary and case law from the Commercial Bar Association's finest.
This article considers the AFL Appeal Board’s decision to impose a six match sanction of Toby Greene for intentional contact with an umpire, which the Tribunal had been satisfied was “aggressive, demonstrative and disrespectful”.
The Appeal Division of the Court of Arbitration for Sport (“CAS”) has dismissed appeals by the World Anti-Doping Agency and Sports Integrity Australia against a first instance decision of CAS which reduced Shayna Jack’s period of suspension from 4 years to 2, for taking the prohibited substance, Ligandrol.
The Court considered the meaning of insolvent in a contractual context, distinguishing it from the meaning of insolvent for the purposes of the Corporations Act. It concluded that the respondent was insolvent at the relevant time, despite the fact that it was continuing to trade at the time of the hearing, years later.
The recent High Court decision in Ridd v James Cook University provides guidance as to the interpretation of “intellectual freedom” provisions in University Enterprise Agreements, underscored by a broad definition of “intellectual freedom”.
In the last decade Courts have been concerned to assist self-represented litigants in banking and finance matters. But what happens when self-represented litigants push this approach to its limits? When will a self-represented litigant’s attempts to “have their day in Court” instead be found to be an abuse of process?
The Court of Appeal’s judgment in Australian Sawmilling Company Pty Ltd (in liq) v Environment Protection Authority [2021] VSCA 294 clarifies that a liquidator may be an ‘occupier’ for the purposes of the Environment Protection Act 1970 (Cth).
The Full Court of the Federal Court refused to enforce a foreign award on the grounds that the composition of the arbitral tribunal was not in accordance with the agreement of the parties, notwithstanding that the arbitral tribunal had been appointed by the supervisory court of the seat.
The Full Court of the Federal Court has dismissed an appeal against the decision of Foster J rejecting the appellants’ claims for compensation for alleged breaches by Babcock & Brown Ltd of its continuous disclosure obligations in the midst of the global financial crisis.
The Victorian Court of Appeal’s decision in Queenfield provides an uncommon example of success for a party who sought rectification of a contract for common mistake.
The Victorian Court of Appeal has clarified the law in relation to apportionable claims and determined that a failure to take reasonable care must be alleged as part of the pleaded claim for a claim to be apportionable.
Valuing intellectual property – registering security interests concerning intellectual property on the Personal Property Securities Register (“PPSR”)
(Or: Tsundoku, being the practice of acquiring reading materials and letting them pile up in the hope of reading them “later”.)
Recent decisions for the reading lists of those with an interest in public law.
The Federal Court imposed harsh penalties against a solar panel business because its door-to-door selling methods and marketing campaign seriously contravened the Australian Consumer Law. The case has ignited law reform in the Victorian energy and solar market.
The High Court’s February 2021 decision in Benbrika considered whether the conferral of power on a Supreme Court to make a continuing detention order under the Criminal Code (Cth) was contrary to Chapter III of the Commonwealth Constitution.