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Misleading or Deceptive Conduct Claims on Projects in Australia

A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining,...more

Australian Court Grants Relief From Liability for Penalty Imposed on Crypto-related Product

The Federal Court of Australia has granted relief to a company under section 1317S of the Corporations Act 2001 (Cth) ("Act") following declarations that it contravened two civil penalty provisions in relation to one of its...more

Australian Unfair Contract Terms Regime Renders Foreign Class Action Waiver Clauses Void

In Short - The Situation: In 2020, a cruise ship in Australian waters, the Ruby Princess, experienced a COVID‑19 outbreak that resulted in an Australian class action. Part of the class were passengers subject to...more

Australian Coal Mine Projects Stall Due to ESG Risks

The ESG challenges faced by proponents of future resources projects in Australia have been highlighted in recent decisions which have halted the development of proposed coal mines....more

Shake-Up of the Australian Carbon Market

Accelerating Emissions Reductions - Over the coming weeks and months, the Australian Parliament will debate proposed reforms to important aspects of the country's emissions reduction plans. If enacted, the reforms will...more

Bank Guarantees in Australia: As Good as Cash?

In Short - The Situation: The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in relation to a call on its security. The case...more

Regulation of Class Actions in Australia Revisited … Again

More Detail: Regulation of Litigation Funding in Class Actions In 2009, the Full Court of the Federal Court of Australia, in Brookfield Multiplex Ltd v International Litigation Funding Partners Pty Ltd [2009] FCAFC 147,...more

The Australian Parliament Enacts Magnitsky-style Laws

Australia's Existing Autonomous Sanctions Regime - Australia's existing autonomous sanctions regime is set out in the Autonomous Sanctions Act 2011 (Cth) ("Act")....more

Climate Change Class Action Relating to Australian Sovereign Bonds Permitted to Proceed

The Applicant's Claims - In July 2020, Ms. Kathleen O'Donnell commenced a representative proceeding on her own behalf and on behalf of all persons who at any time on or since 7 July 2020 have acquired certain types of...more

ACCC Warns Against Bid Rigging in Public Tenders

The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement process for public tenders. ...more

Victorian Supreme Court Denies First Ever Contingency Fee Applications in Class Actions

The Facts  The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more

Australian Federal Government Proposes Major Class Action Law Reforms

Proposed Reforms - The Draft Bill makes clear that 'a class action litigation funding scheme' is an MIS, in line with an earlier ruling of the Federal Court of Australia in Brookfield Multiplex Limited v International...more

Product Liability in Australia

Australia's product liability regime is a combination of provisions contained primarily in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). These provisions apply to Australian made...more

Australia Obtains First "Misuse of Market Power" Settlement Under Amended Competition Law

Australia's competition authority settles allegations that port operator misused its market power. The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the...more

Australian High Court Rejects "First to File" Approach to Choosing Between Competing Class Actions

There is no "one size fits all" approach to competing class actions. Five competing and overlapping shareholder class actions were commenced in two separate Australian courts against AMP Limited. All actions were...more

Security of Payment Legislation in Australia

Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more

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