The Court of Appeal has found that a judge’s exercise of the discretion to construe a recourse provision on an ‘as if final’ basis on an application for an interlocutory injunction to restrain recourse to performance securities miscarried.
A majority of the Full Court of the Federal Court has found that fraud by an agent can stultify the function of a tribunal. The fraudulent conduct need not be of the ‘red blooded’ species proscribed by the common law.
Can a court issue an injunction to restrain a third-party from taking action that would threaten the subject of judicial review proceedings after it has set aside a decision and ordered that it be remade according to law?
A combination of years’ delay in enforcement and complex loan documentation created an evidentiary ‘perfect storm’ for the lender, which found itself saddled with documentation that did not tell a coherent story, leaving even the identity of the lender in dispute.
The Wagner brothers, who sued the publishers of a 60 Minutes broadcast regarding the 2011 Grantham floods, have been awarded considerable damages, including aggravated damages. The judgment reminds publishers of the importance of appropriate pre-publication steps.
In Australia, it is presently unclear whether and to what extent the unreasonableness ground applies to administrative action based on non-statutory executive power. Earlier this year, Robertson J handed down a decision which advances the limited jurisprudence in this area.
Not so super(annuation): the Full Court of the Federal Court on financial product advice and fairness
Financial services providers take note: the Full Court of the Federal Court has shifted the distinction between personal and general advice, and indicated that sharp practice that disadvantages consumers will not be tolerated.
Copyright – exclusive rights in respect of commissioned artwork in the US – replica artwork sold by the artist for a similar purpose in Australia
Practice and procedure – separate proceedings in the US arising from same events – obligation to use discovered documents only for the proceeding in which they were originally produced (“Harman obligation”) – circumstances warranting release or modification of the Harman obligation
Trade marks – opposition – whether applicant “true owner” – marks used by associated company of the applicant – whether marks used under licence – whether likelihood of confusion – reputation in trade marks – relevance of prior use
Evidence – admissibility – admissibility of archived internet documents sourced through the “Wayback Machine” – whether business records
Trade mark – trade mark licensing agreement – whether trade mark owner’s plans to brand other products with the licensed mark in breach of the agreement – whether trade mark licensee in breach of agreement
Practice and procedure – discovery – confidentiality – circumstances warranting access limitations additional to the Harman obligation – whether parties “trade rivals” – centrality of documents to issues in the proceeding
Rugby World Cup Limited issued misconduct charges against the Scottish Rugby Union alleging that comments it made in relation to the management of Typhoon Hagibis were unfair, untrue and brought Rugby World Cup Limited into disrepute. This article considers the findings of the Disputes Committee.
The High Court has dismissed yet another challenge to state legislation relying on the Kable principle. The case concerned legislation that gives very broad power to courts. The Court’s split decision exposes a significant division on the Court as to the nature of judicial power.
The High Court has significantly reduced the scope of the doctrine of quantum meruit in so far as it applies to work undertaken pursuant a contract which has been discharged. In such a case, quantum meruit is only available for completed work but for which a contract entitlement has not crystallised at discharge.
On 17 October, APRA announced it would not be appealing the decision of Jagot J in its case against five IOOF group officials and two IOOF group entities. The present article sets out shortly the facts of the case, the outcome, and the potential for APRA to seek to reverse the judgment in whole or in part.