Kirk Simmons

Kirk Simmons

DLA Piper

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Late Fees More Feasible After The Full Federal Court Overturns Decision On Penalties

On 8 April 2015 the Full Federal Court of Australia has found that certain bank fees were not penalties or otherwise unconscionable, unjust or unfair under statute reversing the first instance decision of Gordon J. This brief...more

4/14/2015 - Appeals Australia Banks Class Action Consumer Financial Contracts Credit Cards Fees Late Fees Penalties

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

4/6/2015 - ACMA Arbitration Australia Broadcasting China Copyright Infringement Doping Film Industry Film Tax Credits Football Gambling Horse Racing Internet License Agreements Pharrell Williams Pirate Bay Portugal Robin Thicke Sports Sports Betting UK Wrongful Termination

Australia: Update: Terminating a sportsperson’s contract for private conduct (the Todd Carney case)

Last year, we published a blog update regarding an incident involving Todd Carney that led to the termination of his contract with the Cronulla Sharks Football Club. In our update, we mentioned that it appeared no hearing had...more

3/18/2015 - Australia Damages Due Process Employment Contract Preliminary Hearings Sports Wrongful Termination

A Snapshot Of The Investor-State Dispute Settlement Framework In Australia's Asian Free Trade Agreement Trifecta

On 17 November 2014, Australia and China concluded negotiations over the China-Australia Free Trade Agreement (FTA) with the text of the agreement to be finalised in 2015. Our previous article flagged that the change of...more

12/4/2014 - Australia Bilateral Investment Treaties China Free Trade Agreement Trans-Pacific Partnership

Litigation Update: Court's Refusal To Enforce An Award On Public Policy Grounds: A Step Backward For International Arbitration In...

In recent years, Australian courts have confirmed the "sacrosanct principle of international arbitration that courts will not review the substance of arbitrators' decisions" 1, assuring parties to a dispute that the...more

11/7/2014 - Arbitration Arbitration Agreements Arbitration Awards Australia International Arbitration

Litigation Update: Sovereign Immunity vs Commerciality: Enforcing A Foreign Judgment Against A Nation State In Australia

The recent decision by the NSW Court of Appeal in Firebird Global Master Fund II Ltd v Republic of Nauru [2014] NSWCA 360 illustrates the complex considerations involved in enforcing a foreign judgment against a foreign State...more

10/31/2014 - Australia Foreign Judgments Foreign Jurisdictions Sovereign Immunity

Sports, Media and Entertainment Intelligence - July 2014 (Global)

BETTING AND GAMING - Belgium: Gaming Commission pleads for a further restriction and rationalization of the gaming industry - The Belgian Gaming Commission has sent an open letter to the next government in which it...more

7/10/2014 - Entertainment Industry EU Gambling Gaming Media Sports

Terminating a sportsperson’s contract for private conduct (the Todd Carney case)

On 28 June 2014, a photo was posted on social media of Cronulla Sharks’ Football Club five eighth Todd Carney engaging in a lewd act in a nightclub bathroom. The Cronulla Sharks acted swiftly, organising a teleconference with...more

7/7/2014 - Athletes Breach of Contract Contract Interpretation

Ambush Marketing: Australia Advances Fair

On 15 May 2014, the Major Sporting Events (Indicia and Images) Protection Bill 2014 (the ‘Bill‘) passed both houses of Parliament in Australia. The Bill aims to prevent the unauthorised commercial use of certain marks and...more

6/11/2014 - Australia Sports

International Arbitration - Q4 2013

AUSTRALIA: NEW GOVERNMENT MAY LEAD TO OPPORTUNITIES FOR INVESTOR/STATE ARBITRATION - This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for...more

12/23/2013 - Arbitration Australia Cross-Border Derivatives ICSID International Arbitration Investors

Australia: new government may lead to opportunities for investor/state arbitration

This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for investor-state arbitration in Australia. First, the new government has reviewed its position...more

12/23/2013 - Arbitration Australia Bilateral Investment Treaties Carbon Pricing Clean Energy Free Trade Agreement International Arbitration Investors Sovereign Immunity Trans-Pacific Partnership

Enforcement Of Foreign Judgments In Australia

In an increasingly globalised business environment, it is not uncommon for a company or individual to enter into transactions or hold assets in several jurisdictions around the world. If such a company or individual were to...more

8/28/2013 - Australia Enforcement Foreign Judgments

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