Motorcycling Events Group Australia Pty Ltd v Kelly [2013] NSWCA 361 A motorcycle racing trainer has implored the Supreme Court to rigourously apply a federal “recreational services” antidote to protect its contractual liability waiver against consumer protection anti-avoidance measures in the to defence of a serious injury compensation claim of one of its injured participants....Read More
Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013) In brief: The long-running battle with the ACCC over Google’s AdWords service has been decided in Google’s favour. The High Court unanimously held that Google did not engage in misleading and deceptive conduct by displaying advertisements in the form of...Read More
Wright v K B Nut Holdings P/L (as Trustee for the Kerrie-Ann Stevenson Family Trust) t/as “Bonapartes Serviced Apartments” [2012] QDC 202 Brisbane Dorney QC DCJ 23/07/2012 A South Australian tourist has failed to cast “an aura of prostitution and drug use” over a Spring Hill apartment complex where her hand was impaled on a...Read More
In brief: The Full Federal Court has dismissed all grounds of the Australian Competition and Consumer Commission’s appeal in the Metcash case. Partner Jacqueline Downes and Lawyer Nicholas Mendoza-Jones report. The facts Key findings Significance of the decision Reproduced with permission of Allens and in accordance with their terms of use. Read More
The Federal Court has handed down a record penalty for misleading advertising. Partner David Brewster speaks to Boardroom Radio about the court’s reasoning and the implications for business. To hear David’s interview, go to https://www.aar.com.au/med/audio.htm Reproduced with permission of Allens and in accordance with their terms of use.Read More
Insight Vacations Pty Ltd v Young [2011] HCA 16 (11 May 2011) I refer you to the summary of the judgment in relation to the facts and issues, and in particular, whether a contract made pursuant to s.5N of Civil Liability Act 2002 (NSW) limiting liability for “recreational services” extra territorially could exclude the operation of...Read More
Allens Arthur Robinson In brief: The Federal Government today introduced into Parliament a Bill to prohibit the disclosure of pricing and other information to competitors. Partners Fiona Crosbie (view CV) and David Brewster (view CV) report. Background Key changes Comment Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.Read More
Allens Arthur Robinson In brief: The mandatory reporting obligation imposed on suppliers of consumer goods and product related services by the Australian Consumer Law commenced on 1 January 2011. Suppliers of consumer goods and product related services who become aware of a death, serious injury or illness that was, or may have been, caused by...Read More
Allens Arthur Robinson In brief: In 2010, there were a number of changes to the Trade Practices Act 1974 (Cth) as the Australian Consumer Law reforms were progressively implemented. With the final tranche coming into force on 1 January 2011, Partner Wendy Peter (view CV) and Lawyer Rosannah Healy provide a summary of the key...Read More
Allens Arthur Robinson In brief: Recent legislation gives the Australian Securities and Investments Commission broad new search powers, enables the Australian Federal Police to intercept communications when investigating suspected insider trading and market manipulation, and provides for substantially increased penalties for market manipulation offences. Partner Matthew McLennan (view CV), Lawyer Tom Randall and Law Graduate...Read More
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