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Appointment of experts by arbitral tribunal
Article 26 (Article 26) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) empowers an arbitral tribunal (Tribunal) to appoint its own expert in a dispute.[1] The expert’s role is to create a report and provide oral testimony. While parties may appoint their own experts, doing so can contravene principles of impartiality and…
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Scam Prevention Framework – key business impacts
On 13 February 2025, the Australian Parliament passed the Scams Prevention Framework 2025 (Cth) (Act) in response to the national “scam pandemic” that has purportedly cost the country billions of dollars over the past few years. The Act amends the Competition and Consumer Act 2010 (Cth) (CCA) and other related Acts. The amendments to the…
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Point in time valuation and minority shareholder oppression
Shareholder oppression, or minority shareholder oppression, is generally thought to occur when the majority shareholders misuse their power to oppress or control the minority.
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Damages for misleading conduct by competitors under ACL
Section 236 of the Australian Consumer Law (ACL) entitles any person, including corporations – to claim compensation for loss or damage suffered from misleading or deceptive conduct. The High Court has developed numerous general principles for assessing loss or damage which we will discuss in this article.
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Tortious contract interference – injunctive relief
The wrongful or “tortious” interference with a contract occurs when a third party intentionally causes a contracting party to commit a breach of contract. The third party will be liable if they intentionally induced or disrupted a party’s ability to perform the terms of a binding contract. Remedies for tortious interference are available to ensure…
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Unfair contract terms, penalties & ACCC v Employsure 2020
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should be given to the inclusion of clauses of this nature in standard form contracts, especially…
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Federal Court guidelines for e-discovery and metadata
Electronic discovery in the Federal Court of Australia (FCA) is nothing new. From July 2014, the FCA began implementing the Court’s electronic court file (ECF) across its Australian registries. This enabled the Court to embrace the use of technology in proceedings, including the use of electronic discovery, eLodgement, eTrials, eCourtroom, and video conferences.
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Software developer obtains Court order – names behind IP addresses
Justice Burley of the Federal Court of Australia in the case of Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901 ordered that Telstra, within fourteen (14) days, provide to Siemens all documents in its control relating to the identity of certain Telstra Account holders. Those account holders were suspected by Siemens of…
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Biologi’s Bf & Bk serums contain no Vitamin C – Court Orders prove it!
The recent decision of the Federal Court of Australia Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 where final declarations and orders were made against Mr Ross Macdougald (Macdougald), Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) and skincare brand Biologi Pty Ltd ACN 618 697 297 (Biologi) sheds…
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