When privileged documents are stolen and disseminated: an analysis of the High Court’s decision in Glencore
In Glencore International AG v Commissioner of Taxation [2019] HCA 26, the High Court considered whether Glencore could restrain the Commissioner of Taxation from making use of certain privileged documents. Interestingly, the privileged documents in question were stolen as part of a cyberattack from Glencore’s solicitors and disseminated amongst the “Paradise Papers”. Background Solicitors acting for the […]
ReadmoreInvolved or not involved? That is the question for partners.
It is well established that the privilege against self-incrimination and privilege from exposure to civil penalties can be claimed by natural persons and are not available to corporations. However, the position is not yet settled insofar as it relates to partnerships. More specifically, whether all partners can claim the privileges or whether it can only […]
ReadmoreTrade promotions update | record keeping: a guide
Here is an overview of 2019 record keeping needed for chance trade promotions lotteries, Trade Promotions Update | Record Keeping: A Guide. What do you need to keep? Each state/territory in Australia (except Tasmania) has its own requirements on what records must be kept for trade promotions. In summary, you’ll need to keep all […]
ReadmoreThe dark arts of delay analysis turn ultra violet – or ‘don’t ignore the facts’
White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 (6 September 2019) (Hammerschlag J) Delay and, separately, disruption claims are common sources of dispute in construction projects. Compounding what are usually factually complicated scenarios are issues of terminology and experts’ competing views about the correct analysis and approach to assessing the […]
ReadmoreFederal Government and Cadbury seek leave to appeal Federal Court decision that left bad taste in employers’ mouths
The Federal Government and major employer Mondelez, who operates a Cadbury plant in Tasmania, will seek leave to appeal last month’s landmark Full Federal Court decision regarding paid personal/carers’ leave, to the High Court. The decision concerned the meaning of the word “day” for the purpose of the entitlement to 10 days paid personal/carer’s leave […]
ReadmoreLife cycle of litigation beyond life: deceased estates
What do you do when there is no-one to sue? In the Supreme and County Courts in Victoria, there is a civil procedure when the defendant is deceased or dies and a cause of action survives. See below our overview of this procedure. Click here to view the full size PDF. […]
ReadmoreBellamy’s cry for “cost capping” in competing McKay and Basil class actions dismissed by the Full Court of the Federal Court
On 23 August 2019, the Full Court of the Federal Court in Bellamy’s Australia Limited v Basil [2019] FCAFC 147 (Bellamy’s) unanimously dismissed the applicant’s application for leave to appeal “costs capping” orders, initially rejected by the primary judge at first instance. Bellamy’s Australia Limited (BAL) is the respondent to two class actions: McKay Super […]
ReadmoreSettling a class action – common fund orders and legal costs
On 30 July 2019, Justice Parker handed down a decision in the Supreme Court of NSW class action Tredrea v KPMG Financial Advisory Services (Australia) Pty Ltd (No 3) [2019] (Tredrea) refusing both to grant a Common Fund Order (sought by the funder at a rate of 30% of the gross settlement reached) or approve the […]
ReadmorePerformance management, workplace bullying and reasonable management action
The management of employee performance is a key component for every successful organisation. However, performance management by its very nature, is difficult and can often lead to a range of legal risks for businesses. One particularly difficult scenario is where an employee alleges the performance management process, or the way in which performance management is […]
ReadmoreConsumer data right coming to the energy sector
The consumer data right (CDR) will provide consumers the right to access specific data in relation to them held by businesses, and to authorise access to this data by trusted and accredited third parties. The aim of the CDR is to provide consumers with more control over their data, which would give consumers more agency […]
ReadmoreFMCG Express | September Edition
Gadens has brought together a selection of articles from our top lawyers operating across the FMCG sector, to bring you the September edition of the FMCG Express. Covering recent stories such as the Kraft vs Bega dispute, the advertising campaign by Ad Standards and Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] […]
ReadmoreFederal Court finds ticket reseller engaged in misleading and deceptive conduct
In the recent case of ACCC v Viagogo AG, the Federal Court considered whether Viagogo engaged in misleading and deceptive conduct by acting in a way liable to mislead consumers when reselling event tickets in breach of the Australian Consumer Law. This decision is a reminder to businesses to accurately describe the nature of the products or services […]
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