In ACCC v RL Adams, Justice Edelman warned future defendants of an increase in the quantum of penalties that may be ordered for misleading or deceptive conduct in ‘free range’ claims. Defendants may face multiple contraventions and be subject to far greater fines to stem the tide of false ‘free range’ advertising.
Consideration of the arguments in relation to the extent to which parties in a group proceeding can, in settling the proceeding, bind group members to their compromise and preclude them from agitating rights against the defendants not pleaded by the applicants or addressed by the common questions.
Final decisions of the Financial Ombudsman Service (FOS) made on the basis of its opinion as to what is fair in all the circumstances are rarely reviewable by the courts, even if it makes errors in the decision-making process.
High Court on apprehension of bias: A person who brings charges has a conflict of interest in deciding matters consequential to those charges
A person who brings charges, whether as a prosecutor or other accuser, has a conflict of interest in participating in a decision on matters consequential to those charges that may give rise to a reasonable apprehension of bias.
With the promise of a rare CPD ethics point for fortunate attendees, the Sports Section of the Commercial Bar recently hosted a lively session entitled ‘Sports Law Ethics and Journalists’. Leading the discussion were...
The proposed reforms to the domestic building industry (discussed in the CommBarNews of 28 May 2014) have been put on hold by the change of government in Victoria. Despite this, VMIA has taken the pro-active step of improving the services it offers to consumers.
Vickery J looked at applications to set aside judgments under s.28R(5)(a)(iii) of the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOP Act) and the availability in this context of challenges based on jurisdictional error (available) and error on the face of the record (not available).
The NSW Court of Appeal looked at whether the vendor of a private home, who had admitted misrepresenting the quality of the home, could be liable for a breach of the misleading and deceptive conduct provisions of the Australian Consumer Law. The Court also looked at the proportionate liability regime in Part VIA.
The costs of ‘convening’. Whether the person requesting a meeting of creditors, pursuant to 5.6.15(1)(b) of the Corporations Regulations 2001 (Cth) be called is only liable for the costs of calling the meeting.
The Full Court of the Federal Court held unanimously that the advocate’s immunity does not apply to an interlocutory decision to strike out a cause of action.
In two similar cases, the Full Court of the Federal Court has clarified the analysis of competition between a producer who retails its own product and brokers or agents who retail that product and the products of the firm’s competitors.
The Victorian Court of Appeal has considered the test applicable to applications for leave to appeal in respect of civil appeals. Leave to appeal will be granted if an appeal has a ‘real’ as opposed to a ‘fanciful’ prospect of success.
The High Court held that a statutory authority with separate legal personality was a trading corporation within the meaning of s 51(xx) of the Constitution, even though the Act that established the authority expressly provided that the authority “is not a body corporate”.
The revelations in the case around FOS staffing, expertise and decision-making make for interesting reading for those involved in banking enforcement litigation and the reasons in the case provide helpful guidance on construing the TOR.