Monday 27 March 2023

ASIC muffs MAF Waiver case - ASIC v Commonwealth Bank of Australia [2022] FCA 1422

Check out my recent case presentation entitled "ASIC muffs MAF Waiver case" in which I discuss Justice Downes' decision in ASIC v Commonwealth Bank of Australia [2022] FCA 1422, particularly her reasons for dismissing ASIC's case.



























Tuesday 21 March 2023

Australian Business Law Review, Vol 50, Part 5

ABLR Vol 50, Part 5 is out.

I am particularly excited to be bringing you Volume 50 which marks the 50th anniversary of the founding of the ABLR. The ABLR was first conceived and founded by Bob Baxt in 1972 with the first edition coming out in 1973. Bob remained the General Editor of the ABLR for the next 44 years, stepping down in 2018 due to ill health.

 

The fact that the ABLR is still going strong after 50 years is a testament to both Bob’s vision as to the need for a general business law journal presenting articles on a wide range of legal areas, as well as to his untiring work as the General Editor of the ABLR. It is a great privilege to have been able to continue Bob’s exceptional work as the General Editor of the ABLR.

 

This edition features four excellent contributions:

 

* Business Competitors, Standing and Judicial Review – Professor Matthew Groves

 

* Corporate Criminal Liability in Transnational Bribery: Is Double Jeopardy a Game Changer? – Qingxiu Bu

 

* Competitive Neutrality in Australia: Time for a Reset? –Rhonda Smith and Deborah Healey

 

* A New Regulatory Regime to Address Digital Harm – Nicholas Felstead and Cordelia Egerton-Warburton

 

I would again like to encourage prospective authors to consider submitting their articles to the ABLR. One significant advantage of seeking to publish your article in the ABLR is our much quicker turnaround times compared to other leading legal journals. We aim to publish practical business law articles on topical issues in a timely manner, which means we have to operate on shorter time frames.




Sunday 19 March 2023

Failed flat steel fix falls foul of Federal Court: ACCC v BlueScope Steel Limited (No 5) [2022] FCA 1475

Check out my recent ACCC video case note entitled “Failed flat steel fix falls foul of Federal Court” in which I look at Justice O’Bryan’s decision in ACCC v BlueScope Steel Limited (No 5) [2022] FCA 1475, which involved an attempt to induce a price fix in the national market for the supply of flat steel products through the benchmarking and overseas mills strategies. I also look at the earlier obstruction case, the relevant law of attempt, and the application of the attribution provisions.

Run time 30 mins (which I think is pretty impressive given Justice O’Bryan’s judgment was 450 pages long!)































Thursday 9 March 2023

ACCC Essentials - Understanding the ACCC’s 2023-24 Compliance and Enforcement Priorities

Check out my recent presentation outlining the ACCC’s 2023-24 Compliance and Enforcement Priorities.  In the presentation I discuss why and how the ACCC prioritises competition and consumer matters, the ACCC’s litigation funnel, the ACCC’s performance against their 2021-2022 targets, formal outcomes achieved by the ACCC during 2021-22 (ie litigation, s87 undertakings and infringement notices) and a couple of suggested new priority areas for 2024-25.

Run time 35 mins