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 News

25/01/2012 12:19 PM
North East Equity Pty Ltd v Proud Nominees Pty Ltd [2012] FCAFC 1 (19 January 2012) Use SHIFT+ENTER to open the menu (new window).
TRADE PRACTICES – consideration of the construction of s 51A of the Trade Practices Act 1974 (Cth) (now in an amended form as s 4 of the Australian Consumer Law, Schedule 2, to the Competition and Consumer Act 2010 (Cth)) – consideration of a challenge to the primary judge’s finding that the respondents had discharged the evidential burden under s 51A(2) of the Trade Practices Act and a challenge to the finding that the appellant had failed to discharge the persuasive onus under s 51A(1) of the Trade Practices Act – consideration of the evidential burden and the persuasive onus under s 51A in circumstances where a representation as to a future matter is shown to have come to pass, or not shown not to have come to pass.

CONSUMER LAW – consideration of the evidential burden arising under s 51A(2) of the Trade Practices Act and the persuasive onus arising under s 51A(1) of the Trade Practices Act.
Link to announcement: North East Equity Pty Ltd v Proud Nominees Pty Ltd [2012] FCAFC 1 (19 January 2012)
Attachments:
12/01/2012 1:24 PM
Little Images Pty Ltd v Fresh View Venture Pty Ltd & Ors [2011] QSC 402 (20 December 2011) Use SHIFT+ENTER to open the menu (new window).
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – REPUDIATION – WHAT AMOUNTS TO REPUDIATION – where the first defendant and the second and third defendants, as guarantors, entered into a franchise agreement with the plaintiff for the operation of a photography business – where the agreement was for a term of 5 years – where the defendants purported to terminate the agreement and continue their photography business under a new name – whether the plaintiff breached the agreement – whether the defendants were entitled to terminate the agreement – whether the defendants repudiated the agreement
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS – CHARACTER OR ATTRIBUTES OF CONDUCT OR REPRESENTATION – STATEMENTS AS TO FUTURE MATTERS AND PROMISES – where the plaintiff made representations as to future matters – whether the plaintiff made misrepresentations to the defendants which induced them to enter into the franchise agreement
TRADE AND COMMERCE – OTHER REGULATION OF TRADE OR COMMERCE – RESTRAINTS OF TRADE – CONSTRUCTION OF AGREEMENTS – PARTICULAR AGREEMENTS – where the plaintiff seeks to restrain the defendants from continuing its photography business – whether the plaintiff should be granted an injunction
INTELLECTUAL PROPERTY – CONFIDENTIAL INFORMATION – INFORMATION PROTECTED – where the plaintiff argues the defendants used customer details as a ‘springboard’ – where the plaintiff argues the defendants used software it had developed – whether the software was confidential information
Link to announcement: Little Images Pty Ltd v Fresh View Venture Pty Ltd & Ors [2011] QSC 402 (20 December 2011)
Attachments:
12/01/2012 1:23 PM
Sharp v Cossack Pearls Pty Ltd [2011] FCA 1477 (20 December 2011) Use SHIFT+ENTER to open the menu (new window).
TRADE PRACTICES – pearling agreements – loan agreement - misleading and deceptive conduct alleged

CONTRACT – termination of pearling agreement – breach alleged – rectification sought
Link to announcement: Sharp v Cossack Pearls Pty Ltd [2011] FCA 1477 (20 December 2011)
Attachments:
12/01/2012 1:22 PM
Keswick Developments Pty Ltd & Anor v Keswick Island Pty Ltd & Ors [2011] QCA 379 (20 December 2011)Use SHIFT+ENTER to open the menu (new window).
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – REPUDIATION – APPLICATION TO LEASES – where there was a sublease of Crown land between the first appellant as sub-lessor and the fourth respondent as sub-lessee – where the sublease was for a term of over 90 years with a nominal rent – where the sublease provided strong protection for the sub-lessee upon default – whether the first appellant was entitled to terminate the sublease for repudiation by the fourth respondent
REAL PROPERTY – CROWN LANDS – QUEENSLAND – GENERALLY – where the respondents submitted that subleases under the Land Act 1994 (Qld) are statutory interests and are not governed by common law doctrines – where the respondents argued on appeal that a clause in the sublease excluded the application of the common law doctrine of repudiation – where the arguments were not raised or were raised and abandoned at first instance – whether the respondents should be permitted to rely on arguments not relied on at first instance – whether the common law doctrine of repudiation is applicable to subleases of Crown land under the Land Act 1994 (Qld)
Land Act 1962-1981 (Qld) (repealed)
Link to announcement: Keswick Developments Pty Ltd & Anor v Keswick Island Pty Ltd & Ors [2011] QCA 379 (20 December 2011)
Attachments:
12/01/2012 1:20 PM
New South Wales Crime Commission v Lee [2011] NSWCA 398 (5 December 2011) Use SHIFT+ENTER to open the menu (new window).
Proceedings adjourned to the Registrar's list on Monday 12 December 2011.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Link to announcement: New South Wales Crime Commission v Lee [2011] NSWCA 398 (5 December 2011)
Attachments:
12/01/2012 1:19 PM
Konstantopoulos v R & M Beechey Carriers Pty Ltd [2011] NSWCA 388 (15 December 2011) Use SHIFT+ENTER to open the menu (new window).
Appeal dismissed with costs.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Link to announcement: Konstantopoulos v R & M Beechey Carriers Pty Ltd [2011] NSWCA 388 (15 December 2011)
Attachments:
12/01/2012 1:18 PM
Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd [2011] NSWCA 406 (12 December 2011) Use SHIFT+ENTER to open the menu (new window).
CONTRACT - appellants alleged that oral agreement was made immediately prior to parties entering into written letter agreement - oral agreement contradicted terms of written letter agreement in relevant respects - whether possible for earlier oral agreement to vary subsequent written agreement - whether agreement between the parties was partly oral and partly in writing
Link to announcement: Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd [2011] NSWCA 406 (12 December 2011)
Attachments:
12/01/2012 1:17 PM
JADDCAL PTY LTD -v- MINSON [No 3] [2011] WASC 362 (23 December 2011) Use SHIFT+ENTER to open the menu (new window).
Contract - Restraint of trade - Clause in restraint of trade - Construction - Restraining party must have legitimate interest to protect - Reasonableness of restraint - Duration of restraint - Alleged breach of restraint - Turns on own facts

Tort - Interference in contractual relations - Inducement to commit breach of contract - Relevant principles - Turns on own facts
Link to announcement: JADDCAL PTY LTD -v- MINSON [No 3] [2011] WASC 362 (23 December 2011)
Attachments:
12/01/2012 1:15 PM
FORRESTER -v- CLARKE [2012] WASC 3 (6 January 2012) Use SHIFT+ENTER to open the menu (new window).
Contract - Settlement of action - Deed - Summary enforcement by court in original action - Alleged counterclaim - Assertion of set-off - No basis for equitable set-off
Link to announcement: FORRESTER -v- CLARKE [2012] WASC 3 (6 January 2012)
Attachments:
12/01/2012 1:13 PM
Airloom Holdings Pty Ltd v Thales Australia Ltd [2011] NSWSC 1513 (14 December 2011) Use SHIFT+ENTER to open the menu (new window).
(1) The judgment of her Honour Madgwick LCM dated 26 April 2010 is varied to the extent that the defendant is to pay the plaintiff an additional $1,100, such that total damages payable are $12,100.
(2) The second further amended summons dated 9 June 2011 is otherwise dismissed.
(3) The cross appeal is dismissed.
(4) Costs are reserved.
Link to announcement: Airloom Holdings Pty Ltd v Thales Australia Ltd [2011] NSWSC 1513 (14 December 2011)
Attachments:
 
 

 Publications

28/11/2011 10:23 AM
The Green BookUse SHIFT+ENTER to open the menu (new window).
The Green Book
Practice Note No. 10 of 2011
Link to announcement: Practice Note 10 of 2011 - The Green Book
Attachments:
9/12/2011 4:11 PM
Commercial Court Bulletin 24 of 2011Use SHIFT+ENTER to open the menu (new window).
Supreme Court of Victoria
Commercial Court Bulletin
24 of 2011
Link to announcement: Commercial Court Bulletin 24 of 2011
Attachments:
28/11/2011 10:21 AM
Commercial Court Bulletin No 23 of 2011Use SHIFT+ENTER to open the menu (new window).
Supreme Court of Victoria
Commercial Court Bulletin
23 of 2011
Link to announcement: Commercial Court Bulletin No 23 of 2011
Attachments:

 Education

Free SeminarUse SHIFT+ENTER to open the menu (new window).

Global Trend Towards Contract Automation and What it Means for the Legal ProfessionI

We would be pleased to invite you to a free evening seminar in Melbourne and Sydney on the 'Global Trend Towards Contract Automation and What it Means for the Legal Profession'.

Dates:

Tuesday, 7 February 2012 (Melbourne)

Thursday, 9 February 2012 (Sydney)

Time:

5:30 pm - 6:30 pm (followed by refreshments)

Venue:

Mallesons Stephen Jaques

Melbourne: Level 50, Bourke Place, 600 Bourke Street, VIC 3000

Sydney: Level 61, Governor Phillip Tower, 1 Farrer Place, NSW 2000

Link to announcement: Registration
Attachments:
Transactional Law Workshop: Drafting Clearer ContractsUse SHIFT+ENTER to open the menu (new window).
Transactional Law Workshop: Drafting Clearer Contracts
 
The Centre for Corporate Law and Securities Regulation is pleased to invite you to a Transactional Law Workshop in February 2012 on Drafting Clearer Contracts. The workshop will be delivered by Kenneth A. Adams, a leading authority on contract drafting.  
 
The workshop is designed to show how using clear language and an efficient process can save time, help lawyers and other professionals to become more competitive, and reduce the risk of contract disputes.
 
The workshop is being held in both Melbourne and Sydney.
 
Speaker:  Kenneth A. Adams is the author of A Manual of Style for Contract Drafting, which is one of the American Bar Association's best-selling titles and has become an essential resource for contract drafters. He gives public and in-house seminars in the U.S., Canada and internationally, acts as a consultant and expert witness, and is a lecturer at the University of Pennsylvania Law School. He is also president and founder of Koncision Contract Automation, an online service that makes available to lawyers document-assembly templates for business contracts.
 
Dates & Location:
 
Melbourne
             
DATE:   Wednesday 8 February 2012
Time: 9am – 4pm  (sandwiches and light refreshments will be provided) 
Venue:      
Room 920
Melbourne Law School
University Square
185 Pelham Street
Carlton 3053


 
Sydney
 
DATE:           
Friday 10 February 2012
TIME:  
9am – 4pm &   (sandwiches and light
refreshments will be provided)
VENUE:
TBA

                
               
      
Link to announcement: Event Registration
Attachments:
Transactional Law Workshop: Drafting Clearer Contracts - MelbourneUse SHIFT+ENTER to open the menu (new window).

Transactional Law Workshop: Drafting Clearer Contracts - Melbourne

Contract drafting is a vital function at companies and law firms. But traditionally, contract drafting has consisted of recycling contract language of questionable quality and relevance. This course will show you that there’s another way—that using clear language and an efficient process can save you time, help you become more competitive, and reduce the risk of contract disputes.

Workshop leader

Kenneth A. Adams, Lecturer, University of Pennsylvania Author, A Manual of Style for Contract Drafting

Venue:

Mallesons Stephen Jaques Melbourne: Level 50, Bourke Place, 600 Bourke Street, VIC 3000

When: Wednesday 8/2/2012

Time 9:00 am - 4:00 pm

Link to announcement: Website and Registration
Attachments:
Commercial Court Seminar - Key Developments in the Commercial Court: An Update for Commercial Practitioners Use SHIFT+ENTER to open the menu (new window).

This seminar is an opportunity to join the Judge in Charge of the Commercial Court, the Judge in Charge of the Technology Engineering and Construction List, and a practising Senior Counsel to examine recent reforms and their likely impact on practice and procedure in the Commercial Court.

Date:   Wednesday, 22 February 2012

Link to announcement: Commercial Court Seminar - Key Developments in the Commercial Court: An Update for Commercial Practitioners
Attachments:
European Conference Tax Tax Treaty Case LawUse SHIFT+ENTER to open the menu (new window).
European Tax College
Conference Tax Treaty Law Around the Globe
Tilburg,
The Netherlands
June 14-16, 2012
Link to announcement: Conference Flyer
Attachments: