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Competition law update
Insight 25 Feb 2014

In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Sidestepping arbitration clauses - a potentially explosive business!
Insight 28 Jan 2014

The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...

A development from the English Court of Appeal regarding legal professional privilege in internal investigations
Insight 02 Oct 2018

In a recent judgment the English Court of Appeal reversed a controversial High Court decision that had severely limited the application of legal professional privilege in internal investigations under English law The decision has consequences for Australian corporates conducting cross-border ...

Solar farm wins court approval despite conflicts with planning schemes
Insight 27 Aug 2018

The Queensland Planning and Environment Court has approved a solar farm located on good quality agricultural land despite high level conflicts between the proposed development and the provisions of the relevant planning schemes Partner Bill McCredie and Special Counsel Rosanne Meurling review the ...

Allens' submission to ALRC Class Actions Inquiry - time to revisit the checks and balances
Insight 14 Aug 2018

The Australian Law Reform Commissions Inquiry into Class Actions and Third Party Litigation Funders provides an important and timely opportunity to reflect on the operation of our class actions regime We have made a detailed submission to the ALRCs Inquiry in which we advocated for a renewed focus ...

The Foreign Influence Transparency Scheme - from Bill to Law
Insight 10 Sep 2018

The Federal Government recently passed the Foreign Influence Transparency Scheme Act This is an entirely new regulatory scheme that will require persons who undertake activities on behalf of a foreign government or political organisation to register with the Attorney Generals Department if those ...

ACCC brings first 'excessive surcharge' proceedings
Insight 01 Aug 2018

The ACCC has instituted Federal Court proceedings against Europcar for allegedly imposing excessive payment surcharges on customers. This is the first court proceeding commenced by the ACCC under the new prohibition and serves as a reminder to businesses that card payment surcharges must be limited. ...

US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
Insight 20 Jul 2018

In a decision on human rights litigation that has important consequences for business a divided US Supreme Court has held that foreign corporations will not be held liable in suits brought under the Alien Tort Statute Partner Rachel Nicolson Associate Shamistha Selvaratnam and Graduate Calypso ...

ACCC cartel action against Cryosite is a strong reminder of rules prohibiting 'gun jumping'
Insight 13 Jul 2018

The Federal Court proceeding instituted by the ACCC against Cryosite Limited involving supposed cartel conduct alleging gun jumping in a merger. ...

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