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Results: 1-10 of 456

No deal! Director v CFMEU and the future of negotiated resolutions in ACCC penalty proceedings
  • Gilbert + Tobin
  • Australia
  • May 25 2015

Since the High Court's decision in Barbaro v The Queen, the Federal Court has increasingly scrutinised regulators and respondents attempting to


UK Supreme Court rejects Australian approach to passing off
  • Gilbert + Tobin
  • Australia, United Kingdom
  • May 15 2015

Over twenty years ago, in ConAgra v McCain (1992) (ConAgra), the Full Federal Court of Australia found that a complainant in a passing off action did


Transfer of an interest in an exploration licence during its first year of term do you need Ministerial consent?
  • Gilbert + Tobin
  • Australia
  • May 14 2015

The Western Australian Court of Appeal recently delivered its decision in Commissioner of State Revenue v Abbotts Exploration Pty Ltd2014 WASCA 211


Redundancy update
  • Gilbert + Tobin
  • Australia
  • May 6 2015

In the recent case of Stickley v Kestrel Coal Pty Ltd 2015 FWC 2884, the Fair Work Commission has clarified employers' redeployment obligations in



The ANZ bank fees case freedom of contract prevails in assessing whether a fee charged constituted an unlawful penalty clause: Paciocco v Australia and New Zealand Banking Group Limited 2015 FCAFC 5
  • Gilbert + Tobin
  • Australia
  • April 30 2015

Following this decision by the Full Federal Court, plaintiffs will seemingly no longer be able, merely by showing that a fee was higher than a


Take care when drafting renewal clauses: UNISON Finance Group Pty Ltd v Electric Life Pty Limited 2015 NSWSC 170
  • Gilbert + Tobin
  • Australia
  • April 30 2015

The subject of this case was a badly drafted renewal clause which provided that on the expiry of the 4 year Initial Term, the relevant lease


Court will not cure an absence of quorum at a general meeting as a ‘procedural irregularity’ where there is substantial injustice: in the matter of Statewide Office Furniture Pty Ltd 2015 NSWSC 142
  • Gilbert + Tobin
  • Australia
  • April 30 2015

In this case, the New South Wales Supreme Court refused to exercise its power under section 1322 of the Corporations Act 2001 (Cth) to validate



Be very clear if the intention is to create a trust: Korda & Ors v Australian Executor Trustees (SA) Limited 2015 HCA 6
  • Gilbert + Tobin
  • Australia
  • April 30 2015

In this case, the High Court held that the proceeds of the sale of timber and land under a timber plantation scheme were not held on trust for