Archive for September, 2010

Cabcharge receives record fine for misusing its market power

Thursday, September 30th, 2010

Allens Arthur Robinson The Federal Court has imposed the highest ever penalty for misuse of market power, after Cabcharge Australia Ltd settled with the Australian Competition and Consumer Commission and was fined $14 million for contravening section 46 of the Trade Practices Act. Partner Kon Stellios (view CV), Senior Associate Helen Anness and Lawyer Jess [...]

Changes to corporate liability under the US Alien Tort Claims Act

Wednesday, September 29th, 2010

Allens Arthur Robinson In a major change of direction, the US Court of Appeals for the Second Circuit has held that corporations cannot be the subject of actions that allege violations of customary international law under the US Alien Tort Claims Act. Partner Craig Phillips (view CV), Senior Associate Rachel Nicolson and Lawyer Michael Gomm [...]

MVA – toddler running onto the road and evidence of children

Tuesday, September 28th, 2010

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Calderbank offer and test of unusual features for indemnity costs

Monday, September 27th, 2010

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Casual employees and the minimum employment period

Saturday, September 25th, 2010

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Indemnity costs and failure to comply with the UCPR

Friday, September 24th, 2010

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Whether separate contribution proceedings are subject to the DDT claims resolution process

Thursday, September 23rd, 2010

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Entitlement to compensation on death before claim accepted

Wednesday, September 22nd, 2010

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Security of payment – proof of a construction contract

Tuesday, September 21st, 2010

Mansouri & Anor v Aquamist P/L [2010] QCA 209 Allens Arthur Robinson The Queensland Court of Appeal has confirmed that the entitlement to serve a payment claim on an entity who ‘may be liable’ to make payment does not – and was never intended to – enlarge the operation of the legislation to allow payment [...]

James Hardie subsidiary ordered to pay US$318,000,000 in ‘back taxes’

Monday, September 20th, 2010

RCI Pty Ltd v Commissioner of Taxation [2010] FCA 939 Catchwords: TAXATION – appeal from objection decision of the Commissioner – capital gains tax – Part IVA Income Tax Assessment Act 1936 – whether applicant entered into scheme for the dominant purpose of obtaining a tax benefit TAXATION – Part IVA – whether either of [...]

David Cormack, Barrister