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Potato case highlights one of the problems with the unfair contract term provisions

Australia - August 22 2019 Unfortunately, since the context of a contract is important to whether a term is unfair, judgments on whether a particular term is unfair are of...

The Competition and Consumer Act and restraints of trade for workers: what do I need to know?

Australia - August 22 2019 There is no general exemption in the Competition and Consumer Act for a restraint of trade - whether it's exempt will depend on the parties to the...

Douglas Thompson.

Limits on a former employee's confidentiality obligations in pre-trial litigation

Australia - July 25 2019 A confidentiality provision in an employment contract may not forbid a former employee from divulging information to a private litigant. Employment...

Are we there yet? The wait for Australia's first judgment in a shareholder class action may soon be over

Australia - June 27 2019 Australia has had a class action system since 1992. In that time, over one hundred shareholder class actions have been commenced, but none have...

Fred Prickett.

"Detriment" mightn't be that detrimental for the unfair contract term provisions

Australia - May 2 2019 If the ACCC succeeds in arguing that a non-disparagement clause is void for being an "unfair contract term" under the Australian Consumer Law, it may...