Thursday, 9 July 2020

Australian Business Law Review, Vol 48, Part 2

Very excited about the upcoming Special ABLR COVID-19 Edition. Thanks to Dr Victoria Lambropoulos for suggesting the idea of a Special Edition and for agreeing to be the Guest Editor. Also, thanks to all the authors for their exceptional articles:

* COVID-19, JobKeeper & Stand Down under the Fair Work Act 2009 (Cth): A Review of the Law – Victoria Lambropoulos

* The Contractual Impact of COVID-19 on Corporate & Financial Transactions – Andrew Godwin

* The Challenges of Navigating the COVID-19 Pandemic for Australia’s Franchise Sector – Jenny Buchan & Rob Nicholls

* Courts, Mediation & COVID-19 – Tania Sourdin & John Zeleznikow

* Commercial Litigation and COVID-19 – the Role and Limits of Technology – Michael Legg & Anthony Song

* Frustratingly Unclear? The Interplay Between Common Law, Statute and the ACL in Assessing Consumer Rights in a Time of Crisis – Alex Jane & Jeannie Marie Paterson

* Prepayments, the ACL & the ASIC Act – Philip H Clarke

* COVID Collaboration & Competition Policy: Authorisation vs Forbearance as Crisis Responses – David Howarth & Harriet Alexander

* Transport, Drones and Regulatory Challenges: Risk Accountability Meets COVID Fast Tracking of a Critical Industry – J Tarr, A Tarr & K Paynter


Quantum Housing decision appealed over unconscionable conduct

The ACCC was right to appeal this decision. I think Justice Colvin has misinterpreted Kobelt. While a couple of the High Court judges in Kobelt seem to have endorsed special disadvantage, this was clearly not the decision of the court.

Rather the test identified by the High Court in Kobelt seems to be that conduct which is seen as well outside the bounds of moral, right or acceptable commercial behaviour according to prevailing norms and standards will be found to be unconscionable.

The other significant issue coming out of Kobelt is the long overdue rejection of "moral obloquy" as being in any way relevant to a finding that conduct is unconscionable.

Monday, 29 June 2020

Australian Business Law Review, Vol 48, Part 1

ABLR Vol 48, Part 1 has just come out. Plenty of excellent reading in relation to insolvent trading liability, class actions, whistleblowing laws, unfair contract terms, intellectual property and legal professional privilege.

* The “Safe Harbour” Reform of Directors’ Insolvent Trading Liability in Australia: Insolvency Professionals’ Views – Ian Ramsay and Stacey Steele

* To Bar Order, or Not to Bar Order: Facilitating Settlement in Australian Anti-Cartel Class Actions – Bethany Moore

* Reforming Private Whistleblower Protections – What Next in Australia? – David A Chaikin

* Financial Reporting and Disclosure of Intangible and Intellectual Property Assets by Australian Listed Entities Between 2004 and 2018 – Tony Ciro and B├╝lend Terzioglu

* Making Liars of Us All! – Ian Tonking SC

* In-house Counsel, the Requirement of Independence and Legal Professional Privilege – Martin v Norton Rose Fulbright Australia (No 2) [2019] FCA 96 – Michael Legg

I hope you enjoy the edition!

ACCC applies to the High Court for special leave to appeal Pacific National merger decision

It is a good idea for the ACCC to seek Special Leave to appeal this decision to the High Court. Although I think the ACCC are unlikely to win in the High Court, we really need some guidance from the High Court on the appropriate tests to apply to merger evaluation. The mess created by Emmett J in the "Messcash" case (as I like to call it) really needs to be sorted out.

See also my article on the Metcash case -

Australian Business Law Review, Vol 47, Part 6

The Special Personal Property Security Act (PPSA) edition of the ABLR has just come out with Guest Editor The Hon Emeritus Professor Ralph Simmonds.

We are celebrating the 10th Anniversary of the enactment of the PPSA with four articles from specialists in the area:

* Function, Form, Fixed, Floating and Forge: Filtering Out Pre-PPSA Concepts in a Post-PPSA World – Linda Widdup

* The Floating Charge under the PPSA: The Current State of Play – Sheelagh McCracken

* Registration Errors under the PPSA: A Case Law Inventory and Analysis – Martin Lovell and Oliver Radan

* The Use of Overseas Case Law in the Australian PPSA – David Brown

Special Children's Christmas Party

Happy to be supporting the Special Children's Christmas Party for the ninth year.

The impact of COVID-19 on the ACCC's 2020 Enforcement and Compliance Priorities

Learn about the Australian Competition and Consumer Commission (ACCC) 2020 compliance and enforcement priorities, and how Australia’s consumer watchdog plans to navigate the economic disruption caused by COVID-19.

Hear from ACCC Commissioner, Sarah Court and Competition and Consumer legal expert, Michael Terceiro on the impact of COVID-19 on the ACCC's 2020 priorities.

Join our complimentary webinar on 12 May from 1.30-2.30pm AEST. Register here

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