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RK business insights May 2015
  • Russell Kennedy
  • Australia
  • May 27 2015

On 10 April 2015, the Australian Competition and Consumer Commission (“ACCC”) announced that it would not oppose the acquisition of Aircommand

Fink’s Folly there is (almost) no consumer protection for business loans
  • Cordato Partners
  • Australia
  • May 26 2015

Fink's case shows just how hard it is for a small business owner to challenge a business loan debt using consumer laws and codes. In Australian & New

High Court makes it harder for financial advisers to apportion claims
  • Cooper Grace Ward
  • Australia
  • May 22 2015

The Corporations Act 2001 (Cth) imposes a liability on financial advisers who engage in misleading and deceptive conduct to compensate a person who

To deal or to defer to trial questions of construction of a performance guarantee in interlocutory applications for injunctions?
  • Minter Ellison
  • Australia
  • May 21 2015

The Victorian Court of Appeal has confirmed in Sugar Australia Pty Ltd v Lend Lease Services Pty Ltd 2015 VSCA 98 that, in an interlocutory

Early termination charges big for Telco and IT
  • Wigley + Company
  • Australia
  • May 20 2015

A new pro-supplier judgment in Australia is great for incumbent B2B and B2C providers, but not so flash for customers, and for suppliers trying to

Signing a printed execution page can create a written contract
  • Minter Ellison
  • Australia
  • May 20 2015

In Mackay Sugar Ltd & Anor v Quadrio 2015 QCA 41, the Queensland Court of Appeal held that: Signature of a printed execution page even though the

High Court resolves position on apportionment of claims under Div 2A of the Corporations Act 2001 (Cth): Selig v Wealthsure Pty ltd 2015 HCA 18
  • Herbert Smith Freehills LLP
  • Australia
  • May 19 2015

The High Court’s recent decision in Selig v Wealthsure Pt Ltd 2015 HCA 18 (Selig v Wealthsure) put to rest uncertainty that had arisen following

Enforceability of reasonable endeavours and good faith obligations in MOUs and LOIs
  • DLA Piper LLP
  • Australia
  • May 18 2015

Obligations to "use reasonable endeavours" and "negotiate in good faith" are often found in commercial agreements, and are a particularly common

Focus: timing is everything: major shareholders exclusions in D&O insurance policies
  • Allens
  • Australia
  • May 15 2015

A recent Victorian Supreme Court decision has resolved a disputed construction of a major shareholder exclusion in a D&O policy in the insurer's

High Court resolves uncertainty on the operation of the proportionate liability regime
  • Corrs Chambers Westgarth
  • Australia
  • May 15 2015

The High Court of Australia has resolved uncertainty on the operation of the proportionate liability regime that had been created by two conflicting