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Australia - January 15 2013
In our March 2012 update, we reported on the New South Wales Court of Appeal’s decision in Mitchell Morgan Nominees Pty Limited v Vella [2011] NSWCA…
Australia - September 11 2012
On 15 May 2012, Jacobson J of the Federal Court of Australia allowed an application by Receivers to be released from confidentiality undertakings so that use could be made of Australian Securities and Investments Commission (ASIC) examination transcripts.
Australia - September 11 2012
In the recent decision, Owners Corporation Strata Plan 72535 v Brookfield (Brookfield), the NSW Supreme Court provided further guidance on the common law duty of care, with Justice McDougall determining that builders and developers of residential premises do not owe a duty of care to an owners corporation where the statutory warranties provided by section 18B of the Home Building Act 1989 (NSW) (HB Act) apply.
Australia - June 8 2012
Like all representations made by businesses, claims regarding the impact of carbon pricing must not mislead or deceive or be capable of doing so.
Australia - June 8 2012
On 15 March 2012, the Full Federal Court in De Bortoli Wines Pty Ltd v HIH Insurance Ltd (in liquidation) handed down its decision holding that actual reliance had to be shown by a shareholder in actions brought for misleading and deceptive conduct in contravention of s52 of the Trade Practices Act 1974 (Cth) (TPA) (which is now s18 of the Australian Consumer Law).
