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
The Hong Kong International Arbitration Centre ("HKIAC") has released its 2024 Administered Arbitration Rules ("2024 Rules"). The 2024 Rules focus on improving the time- and cost-efficiency of the HKIAC arbitral process, and...more
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
The Situation: In February 2024, the International Bar Association ("IBA") updated its Guidelines on Conflicts of Interest in International Arbitration ("Guidelines"). The Guidelines provide detailed guidance for arbitrators...more
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
A recent Singapore International Commercial Court ("SICC") decision considered the extent to which an arbitral tribunal can exclude evidence after a specified date.
It is often said that arbitral tribunals are the masters...more
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
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
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
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
Features of the New CFA Framework -
From 4 May 2022, lawyers in Singapore can enter into CFAs with clients for international and domestic arbitration proceedings (including arbitrations conducted under the SIAC rules) and...more
Australia's Existing Autonomous Sanctions Regime -
Australia's existing autonomous sanctions regime is set out in the Autonomous Sanctions Act 2011 (Cth) ("Act")....more
On 4 November 2021, the Federal Court of Australia made orders by consent which require the Commonwealth Bank of Australia ("CBA") to permit the plaintiff shareholders to inspect and make copies of books and records that...more
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
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
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
As offshore assets age, oil and gas companies face a wave of decommissioning obligations, with expenditures estimated to exceed US$200 billion in coming decades. Decommissioning is not simply demolition. It requires plugging...more
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
Background -
Fairfax Media Publications Pty Ltd, Nationwide News Pty Ltd and Australian News Channel Pty Ltd all maintain public Facebook pages allowing comments from members of the public. Dylan Voller commenced...more
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
On 9 February 2021, the HKIAC reported in the HKIAC Releases Statistics for 2020 that since the Interim Measures Arrangement entered into force on 1 October 2019, the HKIAC has processed 37 applications for interim measures...more
The Situation: On 25 June 2021, the Full Court of the Federal Court in Hub St Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 116 (Hub v Energy City Qatar) refused to uphold the enforcement of an arbitral...more
The Situation: In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are narrowly circumscribed. Having chosen to resolve their disputes...more
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
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