Substance over form: High Court expands application of penalty doctrine *

Australia - December 3 2012
The recent High Court decision of ANZ v Andrews [2012] HCA 30 handed down on 6 September 2012, expanded the circumstances in which a contractual requirement to pay a fee may be held to be void on the basis that it constitutes a penalty.

Co-authors: Ben Allen.

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Federal Parliament passes comprehensive reforms to the Privacy Act 1988 (Cth) *

Australia - November 30 2012
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (the Act), which amends the Privacy Act 1988 (Cth) (Privacy Act), implements wholesale reforms to the Australian privacy protection framework

Co-authors: Ben Allen.

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‘Moral exemplars’: the model litigant’s duty to tell the full story *

Australia - October 12 2012
On 22 June 2012, the Full Federal Court handed down its decision in LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2012] FCAFC 90 which reinforces the overarching obligation of Australian Government agencies and their legal representatives to act as model litigants in accordance with the Legal Services Directions 2005 (Cth).

Co-authors: Ben Allen.

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Federal Court examines the consequences of failing to take ‘genuine steps’ to resolve disputes *

Australia - October 5 2012
The judgment of Justice Reeves handed down on 6 September 2012 in the Federal Court decision of Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys (No 2) 2012 FCA 977 is the first judicial consideration of the costs consequences of failing to file a ‘genuine steps statement’ as required by the Civil Dispute Resolution Act 2011 (Cth) (CDR Act).

Co-authors: Ben Allen.

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Privacy reforms pass House of Representatives - What does this mean for the private sector? *

Australia - September 20 2012
On 17 September 2012 the House of Representatives passed important reforms to the Privacy Act 1988.

Co-authors: Nick Abrahams, Michael Park .

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