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Article

The Commercial Bar Association of Victoria | Australia | 19 Dec 2019

Judicial review of executive power: The unreasonableness ground

In Australia, it is presently unclear whether and to what extent the unreasonableness ground applies to administrative action based on non-statutory

Article

The Commercial Bar Association of Victoria | Australia | 19 Dec 2019

Aggravated damages in Wagner v Nine Network Australia Pty Ltd

Each of the four Wagner brothers, who sued the publishers of a 60 Minutes broadcast regarding the 2011 Grantham flood that killed 12 people (the

Article

The Commercial Bar Association of Victoria | Australia | 18 Dec 2019

Not so super(annuation): the Full Court of the Federal Court on financial product advice and fairness

In 2014 and 2015, Westpac ran a campaign to encourage existing customers with multiple superannuation accounts to consolidate their funds into a

Article

The Commercial Bar Association of Victoria | Australia | 17 Dec 2019

BEGAs can’t be choosers

The plaintiff (Fonterra) and defendant (Bega) are both significant “forces” in the Australian dairy products industry. Bega’s product range includes

Article

The Commercial Bar Association of Victoria | Australia, United Kingdom | 17 Dec 2019

Another domino falls? The High Court dismisses the latest Kable challenge

Vella v Commissioner of Police (NSW) 2019 HCA 38 was yet another challenge to legislation on the basis it breached the principle established in

Article

The Commercial Bar Association of Victoria | Australia | 17 Dec 2019

The king (quantum meruit) is dead, long live the king!

In Mann v Paterson Constructions Pty Ltd 2019 HCA 32, the respondent builder claimed against the owner an entitlement to recover payments for its

Article

The Commercial Bar Association of Victoria | United Kingdom | 17 Dec 2019

The 2019 Rugby World Cup - When typhoons interrupt the game

The recent Rugby World Cup (RWC), hosted in Japan, was not without legal intrigue. Typhoon Hagibis was the source of an important controversy

Article

The Commercial Bar Association of Victoria | Australia | 17 Dec 2019

APRA does not appeal IOOF judgment; may seek regulatory or legislative changes

On 17 October, APRA announced it would not be appealing the decision of Jagot J in its Federal Court proceedings against five IOOF group officers and

Article

The Commercial Bar Association of Victoria | USA, Australia | 17 Dec 2019

Fearless in the face of bull: Using Australian discovery in US litigation

The first applicant (SSGA) is one of the largest exchange-traded funds management and asset management companies in the world and is based in the US

Article

The Commercial Bar Association of Victoria | Australia | 10 Sep 2019

Federal Court confirms concise statement approach to case management in complex banking litigation

The Australian Securities and Investments Commission (ASIC) recently commenced proceedings in the Federal Court of Australia against the Australia

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