Litigation & Dispute Resolution

Litigation & Dispute Resolution

Litigation & Dispute Resolution

In the post-mining boom economy, commercial disputes are on the rise as businesses look at ways to tighten expenditure and divest themselves of liabilities.

A flourishing litigation funding industry has seen increased activity in the class actions space in recent times. Following some high profile claims, securities class actions and product liability class actions have become an area of focus for plaintiff law firms. Being a party to a class action is a material commercial risk for Australian companies, particularly given the scale of these types of actions and the exposures they bring.

The proliferation of regulatory investigations and enquiries which reach beyond public bodies are also exposing corporate and private interests to public scrutiny and the possibility of follow-on litigation.

Where litigation cannot be avoided, we have the expertise to run the process effectively and efficiently, using the latest technology to keep costs in check.

Our Thinking

Stockpiles of Legal Risk: What do local governments and regulators need to consider when it comes to environmental hazards?

Recent revelations on ABC’s Four Corners about unregulated dumping and stockpiling of materials designated for recycling raise numerous regulatory and legal risks.

More

The statutory ‘journalists’ privilege’: Has it done enough to protect journalists from being obliged to disclose confidential sources?

The legal basis on which a journalist can protect the identity of an ‘anonymous’ source has been the subject of some significant developments in certain Australian jurisdictions.

More

Can journalists really promise anonymity to their sources?

Investigative journalists rely heavily on their ability to attract and retain the trust of their sources. But can they really promise them anonymity?

More

Disclosure Management Plans: what does the court expect?

A recent case highlights the Court’s attitude to disclosure management plans and the perils of failing to proactively limit the number of documents for review.

More

Key trends and lessons from Australian Royal Commissions and inquiries

With numerous high-profile Royal Commissions and inquiries taking place over the last five years, it seems timely to ask: what can we learn from their history and practice in Australia?

More

Tendering with the Commonwealth Government: what does the proposed new procurement legislation mean for you?

Proposed Commonwealth legislation will give prospective suppliers the right to compensation and injunctions for breaches of the Commonwealth Procurement Rules.

More

Tips and traps of the PPS Act: A look towards further reform

This article offers an informative overview of the recent case law which has highlighted common areas of confusion and elements of uncertainty under the Personal Property Securities Act 2009 (Cth) (PPS Act).

More Download

Transnational litigation and international arbitration

When does an application for leave to serve out require prima facie determination of an arbitration agreement?

More Download

Federal Government loses out on corporate collapse: The case for legislative reform

A recent Victorian Supreme Court decision has resulted in the Commonwealth losing priority status for some $3.8m paid to the employees of a collapsed company.

More

Brand new cybersecurity regulations are now in effect in New York: How might they affect your organisation?

They’ve been hailed as a world first. How will New York’s new cybersecurity regulations shape legislation in Australia?

More

Australia’s Foreign Bribery Regime: Proposed reforms will heighten risk levels

Four days after announcing a consultation on deferred prosecution agreements, the Commonwealth government is consulting on reforms to Australia’s foreign bribery regime. These will create new offences and new risks if not managed well.

More

AUSTRAC Insights: Common failures in anti-money-laundering and counter-terrorism financing programs

All reporting entities should be reviewing their AML/CTF programs to ensure the errors and failings highlighted by AUSTRAC are not occurring in their business.

More

Getting the Deal Through - Securities Litigation 2017

Corrs contributes to ‘Getting the Deal Through: Securities Litigation’, a comparative guide to the mechanisms and procedures surrounding securities litigation across 13 jurisdictions worldwide.

More Download

Nearly there? Deferred Prosecution Agreements

How will Deferred Prosecution Agreements work in Australia?

More

Anti-Bribery and Corruption: The Rolls Royce standard and the year ahead

The recent Rolls Royce case underlines the importance of reviewing your organisation’s present checks and balances.

More

Corrs High Vis: Episode 3 – Construction Market Forecast: 2017 and beyond

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

More

Disrupting procurement: the process contract and other avenues

Commonwealth legislation is being proposed to allow judicial review for government procurement decisions. What will this mean for the tender process?

More

Invalid Administrator Appointments

This article provides some guidance for insolvency practitioners regarding the steps that should be taken when there is uncertainty as to the validity of an appointment under s 436A of the Corporations Act 2001 (Cth).

More Download

Queensland introduces class actions: A new Landscape

Class Actions are coming to Queensland. So, how many are we likely to see?

More

Insider Trading: What can we learn from Australia's first corporate penalty?

Key lessons following the first civil penalty for a corporation’s insider trading.

More

What could the new Whistleblower regime look like and how will it affect your organisation?

How will changes to the whistleblower regime affect your day-to-day business operations, risk management and compliance procedures?

More

Corrs High Vis: Episode 2 – Sydney Arbitration Week (Part 2)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

More

Corrs High Vis: Episode 2 – Sydney Arbitration Week (Part 1)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

More

Commercially Sensitive: Confidential meets Open Justice

How can you protect commercially sensitive information when it’s being tendered in evidence?

More

The insolvency of agents acting as international distributors: implications for banking and finance practitioners

Partner Mark Wilks, Senior Associate David Anthony and Lawyer Fred Jolley consider the implications for financial institutions and insolvency practitioners when an overseas agent become insolvent.

More Download

Compulsory data breach notification will also highlight contractual obligations

Changes to privacy law requiring notification of serious breaches of personal information will also have consequences for contractual relationships and corporate data security.

More

“Common fund” litigation funding model approved by the Full Federal Court – with strings attached

On 26 October 2016, the Full Court of the Federal Court allowed an application for a “common fund order” in a class action for the first time.

More

6 Key Takeaways from ASIC’s Review of IPO Marketing

ASIC’s recent review of marketing activity shows it is willing to move with the times to accommodate new promotional methods for IPOs. But some of the traditional promotional routes still have compliance gaps.

More

Keeper at the gate: Regulator targets a range of transgressions in financial services

ASIC’s half term enforcement report shows the regulator’s intent to ensure financial institutions and advisers comply with their obligations, lifting the standards of financial advice providers.

More

Is it illegal to use a smartphone app to ‘TapeACall’?

Despite the rapid progression of smartphone technology, Australian courts are yet to address whether it is legal to record phone calls using smartphone apps.

More

Registered Designs: What is the appropriate form of order for injunctive relief?

Intellectual property lawyers will be familiar with the usual form of order for the injunctive relief awarded in trade mark infringement cases. But when it comes to registered design cases, the appropriate form of order is not so clear…

More

Experimental evidence in patent cases: Discovery not available for experiments on matters no longer in issue

A recent Federal Court decision in Merck Sharp & Dohme Corp. v Ono Pharmaceutical Co., Ltd [2016] FCA 1015 sheds some light on experimental evidence in patent cases.

More

ANA abolition voted down – no news is good news?

A recent push to abolish Authorised Nominating Authorities may have failed but the signs are that there will be continued momentum for reform and ensuring (perceived) impartiality for adjudicators.

More

The Investment Treaty Arbitration Review, The Trans-Pacific Partnership

The Trans-Pacific Partnership: Does it achieve the necessary balance between investment protection and regulatory discretion?

More Download

Call in the referee: Court appointed experts in complex cases

Victorian courts have long been reluctant to disrupt the status quo when it comes to appointing experts in proceedings. But a recent decision by the Supreme Court of Victoria could signal a shift in the court’s attitude.

More

‘The Ring Games’: How ambush marketing can see brands benefit from multi-million dollar events for free

Sponsorship agreements between brands and significant events provide valuable platforms from which those brands can market to a wide audience.

More

Australian Olympic Committee v Telstra: Federal Court draws a ‘fine line’ on ambush marketing

The legality of ambush marketing tactics in Australia and the protection of the value of sponsorship rights in relation to the Olympic Games has recently been brought to a head in the decision of the AOC v Telstra [2016] FCA 857.

More

Must try harder: ASIC’s Half Term Report Card

ASIC’s report on enforcement outcomes for the first part of 2016 reveals a rise in criminal charges and infringement notices.

More

Dangerous Alliances: Is Peter Druker right about Joint Ventures?

A quarter of joint ventures end in dispute, so is Peter Druker’s take on them accurate and how can you mitigate against things going awry?

More

Keeping up with the Kardashians when recording and publishing private matters

A timely reminder of the various laws across the States and Territories regarding the recording and publishing of private conversations or activities.

More Download

Beyond the banks - Paciocco affects others too

This week’s High Court decision in the Paciocco v ANZ case will have ramifications that go far beyond the banking industry.

More

Banks breathe easy for now

It’s being hailed as a win for the banks. But could this week’s High Court decision in favour of ANZ be a pyrrhic victory?

More

Avoiding jurisdictional error: Is near enough good enough?

The recent decision of the WA Supreme Court of Appeal in LORAC v Samsung [2016] WASCA 130 is an important one for parties seeking (or resisting an application for) judicial review of an adjudicator’s determination.

More

Defamation Actions: What are the costs of partial success?

Two recent appeal decisions – Hardie v Herald and Weekly Times Pty Ltd (No 2) and De Poi v Advertiser-News Weekend Publishing Company Pty Ltd (No 2) - have provided important practical guidance on two aspects of defamation practice.

More

Breaking Brexit Down: Anti-Corruption (VIDEO)

In part four of our video series, Corrs Partner Annette Hughes takes a closer look at the implications of Brexit on anti-corruption measures.

More

What's wrong with WhatsApp?

The recent ban on WhatsApp in Brazil marks the third time the online communication service has been banned in the country and highlights the real risks for preserving, obtaining and presenting evidence of online communications in litigation.

More

Each organ is sovereign in its sphere: The distribution of corporate power

A recent series of cases in the Federal Court and Full Federal Court have re-affirmed the basis for the distribution of corporate power between the members in general meeting and the board of directors.

More

Breaking Brexit Down: International Arbitration (VIDEO)

Corrs’ Breaking Brexit Down video series considers how the UK’s momentous decision will affect your business. Over the coming weeks we’ll bring you insight from Corrs Partners who’ll examine diverse areas ranging from international arbitration throug

More

The New Insider Trading Trend: Harsher Penalties and Greater Risks for Businesses – Part One

By pursuing recent high profile cases against Richard Kamay, Steven Xiao and Oliver Curtis, ASIC has shown that it will prosecute those who have engaged or been involved in insider trading.

More

The New Insider Trading Trend: Harsher Penalties and Greater Risks for Businesses – Part Two

By pursuing recent high profile cases against Richard Kamay, Steven Xiao and Oliver Curtis, ASIC has shown that it will prosecute those who have engaged or been involved in insider trading. What does this mean for you and your business?

More

Impairment of Customer Loans

Our synopsis of the findings of the recent Parliamentary Joint Committee on Corporations and Financial Services inquiry into the impairment of customer loans. The recommendations of the Committee signal further reform for financial services.

More Download

Trump, Brexit and Protectionism: Navigating cross-border disputes and international arbitration in a more connected world

The rise in global protectionism will lead to more disputes in an increasingly connected world. As trust is eroded, businesses must adopt active mitigation strategies to navigate the risks of global trade and commerce.

More

Not Worth the Regulatory Gamble

Online operators have received a timely reminder on the risks of misleading representations following a Federal Court judgment. The ruling provides guidance to these organisations and demonstrates the substantial pecuniary penalties that can apply.

More

The best of times, the worst of times

The NSW Supreme Court’s decision in Independent Contractor Services (Aust) Pty Ltd ACN 119 186 971 (in liquidation) (no 2) [2016] NSWSC 106 found the statutory scheme of priority doesn’t apply to realisations from circulating trust assets.

More

ASIC puts its regulatory spotlight on conflict of interest management

Following the recent release of ASIC Report 474, AFS Licensees have been put on notice by ASIC to re-examine and improve their conflict of interest management practices.

More

Just because the window’s open doesn’t mean you can trade: three traps for ‘insiders’

As insider trading continues to be a key focus of ASIC’s enforcement policy and the sophistication of ASIC’s market surveillance technology increases, this article provides a refresher on insider trading laws and highlights three circumstances where

More

Will an adjudication determination ordering a party to pay money prevent that party from calling on contractual security?

A recent WA Supreme Court decision clarifies the scope of sections 38 and 45(3) of the Construction Contracts Act 2004, important provisions concerning the binding nature of adjudication determinations and their admission into evidence.

More

ASIC’s Christmas Came Early – More Funding, More Powers and Industry Pays

20 April 2016 was a big day for ASIC.

More

Anti-Bribery and Corruption Compliance - Do you pass the front page of the newspaper test?

6 April 2016 |

More

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

More

Reform fatigue as superannuation consultation commences once again

The Productivity Commission’s review into the competitiveness and efficiency of Australia’s superannuation system is underway with public consultation now occurring.

More

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

More

Small business, consumer protection, agriculture and excessive credit card surcharges: the ACCC’s enforcement priorities for 2016

On 23 February 2016, Rod Sims launched the 2016 ACCC Compliance and Enforcement Policy. The ACCC has identified new enforcement priorities that include enforcement actions against large businesses, consumer guarantees and agriculture.

More

Buyer and Seller Beware: Warranty and Indemnity insurers may be in a stronger position than the Seller

There has been considerable growth in the use of warranty and indemnity insurance, and in particular “Buyer Side Policies”, in commercial transactions. Under these policies, the position of the Insurer may be far stronger than many realise.

More

A fish rots (only) from the head?

The well-known maxim that a fish rots from the head down gives the clear message that when an organisation has failings, its leaders are to blame. Regulators are making a concerted push for greater enforcement powers- focussing on failures in corpora

More

Financial advice: The computer will see you now – Six considerations for deploying robo-advice in Australia

Traditional financial services business structures are under threat from rapid digital innovation. Financial advisers are increasingly being replaced by sophisticated computer programs.

More Download

Freezing orders can preserve enforcement of international and domestic arbitral awards

A recent High Court decision means that freezing orders for assets in Australia are available in respect of domestic and international arbitrations, regardless of the seat of the arbitration or underlying law of the dispute.

More

High Court allows agreed civil penalty submissions with regulators

The High Court has set aside the Full Court decision and reinstates in excess of twenty years of authorities relating to the ability of parties that are the subject of civil prosecutions to make joint submissions about the appropriate pecuniary penal

More

Governance-driven reforms stir controversy in superannuation sector

Superannuation has long been an emotionally charged area of Australian political debate. The highest standards of governance, coupled with regulatory stability, are essential to maintain the public’s confidence in a system which manages over $2 trill

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Promoting fair work practices in franchisees

Since the new Franchising Code of Conduct came into effect earlier this year, there has been an increased focus on franchise issues. This article explores one important issue in this regard – the role of franchisors in promoting fair work practices

More

What Google’s potential liability for defamation means for protecting your reputation

Why now more than ever is a good time to check what search results come up when you google yourself.

More

Australia’s new cyber-bullying watchdog

On 24 March 2015, the Federal Parliament of Australia passed the Enhancing Online Safety for Children Act 2015, with support from all major Australian political parties.

More

Damaged Goods. High price paid for warranty breach

Addressing unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of contract.

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An odd couple: Mining leases and native title can coexist - Western Australia v Brown [2014] HCA 8

The High Court of Australia has unanimously held that the grant of a mineral lease in the 1960s does not extinguish native title rights and interests, but rather suspends native title until the lease ends.

More

High Court’s commercial approach to reasonable endeavours obligation

The High Court recently held that a party’s contractual obligation to use ‘reasonable endeavours’ to deliver a product under a supply agreement did not require it to forgo its own business and commercial interests.

More

The Land Access Review - Recommendations for change

Further changes to the Land Access regime in Queensland are foreshadowed in the Land Access Implementation Committee Report released on 4 March 2014.

More

Royal Commission into Trade Union Governance and Corruption

On 10 February 2014, Prime Minister Tony Abbott announced a Royal Commission into Trade Union Governance and Corruption.

More

Navigating Australian admiralty law: The ability to claim against and arrest a ship in Australian waters

Shipping has become integral to the growth and success of many businesses in Australia.

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A right to some leisurely expanse of time to think up and develop points in arbitral proceedings?

In the recent decision the Court refused an appeal to resist enforcement of an arbitral award under the International Arbitration Act 1974 pursuant to grounds of procedural unfairness.

More

The standard required of a written statement of reasons

The High Court of Australia recently considered the standard required of a written statement of reasons in making a statutory decision.

More

De Rose v South Australia - The first approved native title compensation determination

In October, the Court handed down its judgment in De Rose v State of SA, the first decision to order the payment of compensation for the extinguishment of native title rights and interests.

More

Significant changes to Queensland workers’ compensation provisions: What it means for employers

On 29 October 2013 the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2003 (Qld) was passed.

More

Government aims to increase protection for franchisees

The Australian Government has released a report containing 18 recommendations following a review of the Franchising Code of Conduct.

More

Foreign arbitral award enforceable against an Australian corporation in liquidation

On 19 April 2013, the Federal Court of Australia handed down judgment in Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd granting Eopply leave to enforce a foreign arbitral award made in China against an Australian corporation in liquidation.

More

High Court upholds constitutional validity of Australia’s International Arbitration Act which gives the UNCITRAL Model Law the force of law in Australia

On 13 March 2013, Australia’s High Court handed down its decision in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5.

More

Principles relating to public policy in the International Arbitration Act

In a recent decision TCL contended that the arbitral awards delivered against it should be set aside as contrary to public policy because of alleged breaches of the rules of natural justice in connection with the making of the awards.

More

Fortescue Metals Group and Andrew Forrest succeed in High Court appeal against ASIC

The High Court confirms that liability for misleading or deceptive conduct is determined by assessing what the particular statements convey to their intended audience, which in this case was the investing public.

More

A rose is still a rose by any other name: A party’s name though misdescribed is still a party to and bound by the arbitration agreement

A recent decision concerned an award debtor’s challenge to the enforcement proceedings brought by the award creditor, with the award debtor arguing that it was not a party to the arbitration agreement.

More

Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012

The Baillieu government has introduced significant changes to the Victorian freedom of information regime by way of the Freedom of Information Amendment Act 2012.

More

Show me the money! Player agents and conflicts of interest!

Player agents operate in a competitive and lucrative industry. It is trite to say that professional sport in the 21st century is big business.

More Download

Our Thinking

Stockpiles of Legal Risk: What do local governments and regulators need to consider when it comes to environmental hazards?

Recent revelations on ABC’s Four Corners about unregulated dumping and stockpiling of materials designated for recycling raise numerous regulatory and legal risks.

The statutory ‘journalists’ privilege’: Has it done enough to protect journalists from being obliged to disclose confidential sources?

The legal basis on which a journalist can protect the identity of an ‘anonymous’ source has been the subject of some significant developments in certain Australian jurisdictions.

Can journalists really promise anonymity to their sources?

Investigative journalists rely heavily on their ability to attract and retain the trust of their sources. But can they really promise them anonymity?

Disclosure Management Plans: what does the court expect?

A recent case highlights the Court’s attitude to disclosure management plans and the perils of failing to proactively limit the number of documents for review.

Key trends and lessons from Australian Royal Commissions and inquiries

With numerous high-profile Royal Commissions and inquiries taking place over the last five years, it seems timely to ask: what can we learn from their history and practice in Australia?

Tendering with the Commonwealth Government: what does the proposed new procurement legislation mean for you?

Proposed Commonwealth legislation will give prospective suppliers the right to compensation and injunctions for breaches of the Commonwealth Procurement Rules.

Tips and traps of the PPS Act: A look towards further reform

This article offers an informative overview of the recent case law which has highlighted common areas of confusion and elements of uncertainty under the Personal Property Securities Act 2009 (Cth) (PPS Act).

Transnational litigation and international arbitration

When does an application for leave to serve out require prima facie determination of an arbitration agreement?

Federal Government loses out on corporate collapse: The case for legislative reform

A recent Victorian Supreme Court decision has resulted in the Commonwealth losing priority status for some $3.8m paid to the employees of a collapsed company.

Brand new cybersecurity regulations are now in effect in New York: How might they affect your organisation?

They’ve been hailed as a world first. How will New York’s new cybersecurity regulations shape legislation in Australia?

Australia’s Foreign Bribery Regime: Proposed reforms will heighten risk levels

Four days after announcing a consultation on deferred prosecution agreements, the Commonwealth government is consulting on reforms to Australia’s foreign bribery regime. These will create new offences and new risks if not managed well.

AUSTRAC Insights: Common failures in anti-money-laundering and counter-terrorism financing programs

All reporting entities should be reviewing their AML/CTF programs to ensure the errors and failings highlighted by AUSTRAC are not occurring in their business.

Getting the Deal Through - Securities Litigation 2017

Corrs contributes to ‘Getting the Deal Through: Securities Litigation’, a comparative guide to the mechanisms and procedures surrounding securities litigation across 13 jurisdictions worldwide.

Nearly there? Deferred Prosecution Agreements

How will Deferred Prosecution Agreements work in Australia?

Anti-Bribery and Corruption: The Rolls Royce standard and the year ahead

The recent Rolls Royce case underlines the importance of reviewing your organisation’s present checks and balances.

Corrs High Vis: Episode 3 – Construction Market Forecast: 2017 and beyond

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

Disrupting procurement: the process contract and other avenues

Commonwealth legislation is being proposed to allow judicial review for government procurement decisions. What will this mean for the tender process?

Invalid Administrator Appointments

This article provides some guidance for insolvency practitioners regarding the steps that should be taken when there is uncertainty as to the validity of an appointment under s 436A of the Corporations Act 2001 (Cth).

Queensland introduces class actions: A new Landscape

Class Actions are coming to Queensland. So, how many are we likely to see?

Insider Trading: What can we learn from Australia's first corporate penalty?

Key lessons following the first civil penalty for a corporation’s insider trading.

What could the new Whistleblower regime look like and how will it affect your organisation?

How will changes to the whistleblower regime affect your day-to-day business operations, risk management and compliance procedures?

Corrs High Vis: Episode 2 – Sydney Arbitration Week (Part 2)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

Corrs High Vis: Episode 2 – Sydney Arbitration Week (Part 1)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

Commercially Sensitive: Confidential meets Open Justice

How can you protect commercially sensitive information when it’s being tendered in evidence?

The insolvency of agents acting as international distributors: implications for banking and finance practitioners

Partner Mark Wilks, Senior Associate David Anthony and Lawyer Fred Jolley consider the implications for financial institutions and insolvency practitioners when an overseas agent become insolvent.

Compulsory data breach notification will also highlight contractual obligations

Changes to privacy law requiring notification of serious breaches of personal information will also have consequences for contractual relationships and corporate data security.

“Common fund” litigation funding model approved by the Full Federal Court – with strings attached

On 26 October 2016, the Full Court of the Federal Court allowed an application for a “common fund order” in a class action for the first time.

6 Key Takeaways from ASIC’s Review of IPO Marketing

ASIC’s recent review of marketing activity shows it is willing to move with the times to accommodate new promotional methods for IPOs. But some of the traditional promotional routes still have compliance gaps.

Keeper at the gate: Regulator targets a range of transgressions in financial services

ASIC’s half term enforcement report shows the regulator’s intent to ensure financial institutions and advisers comply with their obligations, lifting the standards of financial advice providers.

Is it illegal to use a smartphone app to ‘TapeACall’?

Despite the rapid progression of smartphone technology, Australian courts are yet to address whether it is legal to record phone calls using smartphone apps.

Registered Designs: What is the appropriate form of order for injunctive relief?

Intellectual property lawyers will be familiar with the usual form of order for the injunctive relief awarded in trade mark infringement cases. But when it comes to registered design cases, the appropriate form of order is not so clear…

Experimental evidence in patent cases: Discovery not available for experiments on matters no longer in issue

A recent Federal Court decision in Merck Sharp & Dohme Corp. v Ono Pharmaceutical Co., Ltd [2016] FCA 1015 sheds some light on experimental evidence in patent cases.

ANA abolition voted down – no news is good news?

A recent push to abolish Authorised Nominating Authorities may have failed but the signs are that there will be continued momentum for reform and ensuring (perceived) impartiality for adjudicators.

The Investment Treaty Arbitration Review, The Trans-Pacific Partnership

The Trans-Pacific Partnership: Does it achieve the necessary balance between investment protection and regulatory discretion?

Call in the referee: Court appointed experts in complex cases

Victorian courts have long been reluctant to disrupt the status quo when it comes to appointing experts in proceedings. But a recent decision by the Supreme Court of Victoria could signal a shift in the court’s attitude.

‘The Ring Games’: How ambush marketing can see brands benefit from multi-million dollar events for free

Sponsorship agreements between brands and significant events provide valuable platforms from which those brands can market to a wide audience.

Australian Olympic Committee v Telstra: Federal Court draws a ‘fine line’ on ambush marketing

The legality of ambush marketing tactics in Australia and the protection of the value of sponsorship rights in relation to the Olympic Games has recently been brought to a head in the decision of the AOC v Telstra [2016] FCA 857.

Must try harder: ASIC’s Half Term Report Card

ASIC’s report on enforcement outcomes for the first part of 2016 reveals a rise in criminal charges and infringement notices.

Dangerous Alliances: Is Peter Druker right about Joint Ventures?

A quarter of joint ventures end in dispute, so is Peter Druker’s take on them accurate and how can you mitigate against things going awry?

Keeping up with the Kardashians when recording and publishing private matters

A timely reminder of the various laws across the States and Territories regarding the recording and publishing of private conversations or activities.

Beyond the banks - Paciocco affects others too

This week’s High Court decision in the Paciocco v ANZ case will have ramifications that go far beyond the banking industry.

Banks breathe easy for now

It’s being hailed as a win for the banks. But could this week’s High Court decision in favour of ANZ be a pyrrhic victory?

Avoiding jurisdictional error: Is near enough good enough?

The recent decision of the WA Supreme Court of Appeal in LORAC v Samsung [2016] WASCA 130 is an important one for parties seeking (or resisting an application for) judicial review of an adjudicator’s determination.

Defamation Actions: What are the costs of partial success?

Two recent appeal decisions – Hardie v Herald and Weekly Times Pty Ltd (No 2) and De Poi v Advertiser-News Weekend Publishing Company Pty Ltd (No 2) - have provided important practical guidance on two aspects of defamation practice.

Breaking Brexit Down: Anti-Corruption (VIDEO)

In part four of our video series, Corrs Partner Annette Hughes takes a closer look at the implications of Brexit on anti-corruption measures.

What's wrong with WhatsApp?

The recent ban on WhatsApp in Brazil marks the third time the online communication service has been banned in the country and highlights the real risks for preserving, obtaining and presenting evidence of online communications in litigation.

Each organ is sovereign in its sphere: The distribution of corporate power

A recent series of cases in the Federal Court and Full Federal Court have re-affirmed the basis for the distribution of corporate power between the members in general meeting and the board of directors.

Breaking Brexit Down: International Arbitration (VIDEO)

Corrs’ Breaking Brexit Down video series considers how the UK’s momentous decision will affect your business. Over the coming weeks we’ll bring you insight from Corrs Partners who’ll examine diverse areas ranging from international arbitration throug

The New Insider Trading Trend: Harsher Penalties and Greater Risks for Businesses – Part One

By pursuing recent high profile cases against Richard Kamay, Steven Xiao and Oliver Curtis, ASIC has shown that it will prosecute those who have engaged or been involved in insider trading.

The New Insider Trading Trend: Harsher Penalties and Greater Risks for Businesses – Part Two

By pursuing recent high profile cases against Richard Kamay, Steven Xiao and Oliver Curtis, ASIC has shown that it will prosecute those who have engaged or been involved in insider trading. What does this mean for you and your business?

Impairment of Customer Loans

Our synopsis of the findings of the recent Parliamentary Joint Committee on Corporations and Financial Services inquiry into the impairment of customer loans. The recommendations of the Committee signal further reform for financial services.

Trump, Brexit and Protectionism: Navigating cross-border disputes and international arbitration in a more connected world

The rise in global protectionism will lead to more disputes in an increasingly connected world. As trust is eroded, businesses must adopt active mitigation strategies to navigate the risks of global trade and commerce.

Not Worth the Regulatory Gamble

Online operators have received a timely reminder on the risks of misleading representations following a Federal Court judgment. The ruling provides guidance to these organisations and demonstrates the substantial pecuniary penalties that can apply.

The best of times, the worst of times

The NSW Supreme Court’s decision in Independent Contractor Services (Aust) Pty Ltd ACN 119 186 971 (in liquidation) (no 2) [2016] NSWSC 106 found the statutory scheme of priority doesn’t apply to realisations from circulating trust assets.

ASIC puts its regulatory spotlight on conflict of interest management

Following the recent release of ASIC Report 474, AFS Licensees have been put on notice by ASIC to re-examine and improve their conflict of interest management practices.

Just because the window’s open doesn’t mean you can trade: three traps for ‘insiders’

As insider trading continues to be a key focus of ASIC’s enforcement policy and the sophistication of ASIC’s market surveillance technology increases, this article provides a refresher on insider trading laws and highlights three circumstances where

Will an adjudication determination ordering a party to pay money prevent that party from calling on contractual security?

A recent WA Supreme Court decision clarifies the scope of sections 38 and 45(3) of the Construction Contracts Act 2004, important provisions concerning the binding nature of adjudication determinations and their admission into evidence.

ASIC’s Christmas Came Early – More Funding, More Powers and Industry Pays

20 April 2016 was a big day for ASIC.

Anti-Bribery and Corruption Compliance - Do you pass the front page of the newspaper test?

6 April 2016 |

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

Reform fatigue as superannuation consultation commences once again

The Productivity Commission’s review into the competitiveness and efficiency of Australia’s superannuation system is underway with public consultation now occurring.

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

Small business, consumer protection, agriculture and excessive credit card surcharges: the ACCC’s enforcement priorities for 2016

On 23 February 2016, Rod Sims launched the 2016 ACCC Compliance and Enforcement Policy. The ACCC has identified new enforcement priorities that include enforcement actions against large businesses, consumer guarantees and agriculture.

Buyer and Seller Beware: Warranty and Indemnity insurers may be in a stronger position than the Seller

There has been considerable growth in the use of warranty and indemnity insurance, and in particular “Buyer Side Policies”, in commercial transactions. Under these policies, the position of the Insurer may be far stronger than many realise.

A fish rots (only) from the head?

The well-known maxim that a fish rots from the head down gives the clear message that when an organisation has failings, its leaders are to blame. Regulators are making a concerted push for greater enforcement powers- focussing on failures in corpora

Financial advice: The computer will see you now – Six considerations for deploying robo-advice in Australia

Traditional financial services business structures are under threat from rapid digital innovation. Financial advisers are increasingly being replaced by sophisticated computer programs.

Freezing orders can preserve enforcement of international and domestic arbitral awards

A recent High Court decision means that freezing orders for assets in Australia are available in respect of domestic and international arbitrations, regardless of the seat of the arbitration or underlying law of the dispute.

High Court allows agreed civil penalty submissions with regulators

The High Court has set aside the Full Court decision and reinstates in excess of twenty years of authorities relating to the ability of parties that are the subject of civil prosecutions to make joint submissions about the appropriate pecuniary penal

Governance-driven reforms stir controversy in superannuation sector

Superannuation has long been an emotionally charged area of Australian political debate. The highest standards of governance, coupled with regulatory stability, are essential to maintain the public’s confidence in a system which manages over $2 trill

Promoting fair work practices in franchisees

Since the new Franchising Code of Conduct came into effect earlier this year, there has been an increased focus on franchise issues. This article explores one important issue in this regard – the role of franchisors in promoting fair work practices

What Google’s potential liability for defamation means for protecting your reputation

Why now more than ever is a good time to check what search results come up when you google yourself.

Australia’s new cyber-bullying watchdog

On 24 March 2015, the Federal Parliament of Australia passed the Enhancing Online Safety for Children Act 2015, with support from all major Australian political parties.

Damaged Goods. High price paid for warranty breach

Addressing unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of contract.

An odd couple: Mining leases and native title can coexist - Western Australia v Brown [2014] HCA 8

The High Court of Australia has unanimously held that the grant of a mineral lease in the 1960s does not extinguish native title rights and interests, but rather suspends native title until the lease ends.

High Court’s commercial approach to reasonable endeavours obligation

The High Court recently held that a party’s contractual obligation to use ‘reasonable endeavours’ to deliver a product under a supply agreement did not require it to forgo its own business and commercial interests.

The Land Access Review - Recommendations for change

Further changes to the Land Access regime in Queensland are foreshadowed in the Land Access Implementation Committee Report released on 4 March 2014.

Royal Commission into Trade Union Governance and Corruption

On 10 February 2014, Prime Minister Tony Abbott announced a Royal Commission into Trade Union Governance and Corruption.

Navigating Australian admiralty law: The ability to claim against and arrest a ship in Australian waters

Shipping has become integral to the growth and success of many businesses in Australia.

A right to some leisurely expanse of time to think up and develop points in arbitral proceedings?

In the recent decision the Court refused an appeal to resist enforcement of an arbitral award under the International Arbitration Act 1974 pursuant to grounds of procedural unfairness.

The standard required of a written statement of reasons

The High Court of Australia recently considered the standard required of a written statement of reasons in making a statutory decision.

De Rose v South Australia - The first approved native title compensation determination

In October, the Court handed down its judgment in De Rose v State of SA, the first decision to order the payment of compensation for the extinguishment of native title rights and interests.

Significant changes to Queensland workers’ compensation provisions: What it means for employers

On 29 October 2013 the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2003 (Qld) was passed.

Government aims to increase protection for franchisees

The Australian Government has released a report containing 18 recommendations following a review of the Franchising Code of Conduct.

Foreign arbitral award enforceable against an Australian corporation in liquidation

On 19 April 2013, the Federal Court of Australia handed down judgment in Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd granting Eopply leave to enforce a foreign arbitral award made in China against an Australian corporation in liquidation.

High Court upholds constitutional validity of Australia’s International Arbitration Act which gives the UNCITRAL Model Law the force of law in Australia

On 13 March 2013, Australia’s High Court handed down its decision in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5.

Principles relating to public policy in the International Arbitration Act

In a recent decision TCL contended that the arbitral awards delivered against it should be set aside as contrary to public policy because of alleged breaches of the rules of natural justice in connection with the making of the awards.

Fortescue Metals Group and Andrew Forrest succeed in High Court appeal against ASIC

The High Court confirms that liability for misleading or deceptive conduct is determined by assessing what the particular statements convey to their intended audience, which in this case was the investing public.

A rose is still a rose by any other name: A party’s name though misdescribed is still a party to and bound by the arbitration agreement

A recent decision concerned an award debtor’s challenge to the enforcement proceedings brought by the award creditor, with the award debtor arguing that it was not a party to the arbitration agreement.

Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012

The Baillieu government has introduced significant changes to the Victorian freedom of information regime by way of the Freedom of Information Amendment Act 2012.

Show me the money! Player agents and conflicts of interest!

Player agents operate in a competitive and lucrative industry. It is trite to say that professional sport in the 21st century is big business.