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WIJOAV v Goldstone – shareholder oppression in a private equity context
The recent case of WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd [2025] FCA 622 (WIJOAV v Goldstone) involved a claim of shareholder oppression under section 232 of the Corporations Act 2001 (Cth) (Corporations Act). The case established that a shareholder in a private equity fund may be oppressed by a co-investor where…
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Mere puffery vs misleading and deceptive conduct – where is the line?
In the case of Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 (ACCC v TPG), the High Court of Australia (High Court) drew a distinction between mere puffery and representations with the intention of marketing. This article explores the decision in ACCC v TPG and the distinction between puffery and…
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Federal Court publishes GenAI Practice Note
On 16 April 2026, the Federal Court of Australia (Court) published the Use of Generative Artificial Intelligence Practice Note (GPN-AI) (Cth) (GenAI Practice Note).
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Evidence of economic loss required in defamation cases
Australian Security Academy Pty Ltd v Australasian Institute of Chartered Loss Adjusters Pty Ltd (No 2) [2025] FCA 924 (Australian Security Academy) involved alleged defamatory imputations against Australian Security Academy Pty Ltd (Applicant) by the Australian Institute of Chartered Loss Adjusters Pty Ltd (Respondent). The decision highlights that no defamatory imputations will exist where no…
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Apple and Google misused market power to monopolise app stores
On 12 August 2025, Justice Beach of the Federal Court of Australia (Court) delivered four (4) landmark judgments. The decisions of Epic Games, Inc & Anor v Apple Inc & Anor (EG v Apple) and Epic Games, Inc & Anor v Google LLC & Ors (EG v Google), together the (EG Cases), alongside Anthony &…
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What is a concise statement?
A concise statement is a brief, plain language document, often drafted in narrative form, used by the Federal Court of Australia (Federal Court) to ‘triage’ a case.[1] Concise statements were introduced as part of the Federal Courts Commercial and Corporations Practice Note (Practice Note), which came into effect on 25 October 2016. Its stated purpose…
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Default judgment – contumacious non-compliance with Court orders
The recent Federal Court case of Pieman v Monks Resources PL v Monks [2025] FCA 88 (Pieman v Monks v Monks) shows the lengths a plaintiff must go to before the Court will order default judgment based on ongoing failure by a defendant to comply with orders. The case involved allegations of misleading and deceptive…
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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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