New era of Competition Laws in Australia – what’s in it for me?

By Frazer Hunt, Partner The Competition and Consumer Amendment (Competition Policy Review) Bill passed Parliament last week, following the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 (Cth) which was passed in August 2017, as a result of various recommendations from the 2015 Harper Competition Policy Review. The ACCC hopes that these legislation
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The First Unfair Contract Terms case has been delivered – ACCC trashes JJ Richards’ standard form contract terms

By Frazer Hunt, Partner On 13 October 2017, the Federal Court of Australia delivered the first judgement* under the unfair contract terms provisions of the Australian Consumer Law, declaring various clauses in JJ Richards & Sons’ standard form contracts for waste management services to be unfair and void.   This was the first court case brought
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The elephant in the room – a cautionary tale for freight forwarders

By Henry Holland, Lawyer and Frazer Hunt, Partner The District Court of New South Wales has ruled that a freight forwarder engaged in misleading or deceptive conduct by issuing house bills of lading with all the hallmarks of negotiable bills of lading where the ocean carriers had issued negotiable bills of lading for the same
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Fiaese Tuimaseve v Wesfarmers Ltd – Melbourne Magistrates Court – 7 September 2016

By Stuart Eustice, Partner Hot on the heels of Jarvis v Salvation Army [2016] VSCA 175, Magistrate Ginnane has been asked to apply the Court of Appeals reasoning from Jarvis in determining the application of s.114(2A) Accident Compensation Act 1985. This decision illustrates further the Courts likely pathway in future decisions. Background Tuimaseve was a
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Hanjin Shipping – What Should I do with my Container?

Last week’s application by Hanjin Shipping for receivership and bankruptcy protection will create a number of headaches for cargo interests who have consignments either booked for shipment or already shipped on Hanjin Shipping’s vessels. To read the complete article, click here. Contact Mills Oakley   Frazer Hunt | Partner T: +61 2 8035 7972 E:  fhunt@millsoakley.com.au
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Right of Stoppage – It Sounds Simple, Right? Not for Freight Forwarders

By Maurice Lynch, Senior Associate A right of stoppage is the right of an unpaid seller to stop goods in transit that they have sold to a purchaser, and retain them until payment of the purchase price. For an unpaid seller to exercise a right of stoppage it must, prior to possession of the goods
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A Seller’s Stitch Up! Is there Marine Insurance Cover for the Purchaser?

By Maurice Lynch In contracts for the sale of goods, there is often a seller and a purchaser who are both based in different countries, have not previously met each other, and have not had an extensive prior course of dealings. Transactions taking place in these circumstances are ripe for the seller to defraud the
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5 Practical Issues for the Home Building Changes Commencing 1 December 2014

There has been much concern amongst strata lawyers, strata managers and the media about impending changes to the Home Building Act 1989 (NSW) (“the Act”), and whether those changes will strip rights away from lot owners and owners corporations. This circular is intended to clarify what you should or should not worry about, so that
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Victorian Court of Appeal determines that building matters must be commenced within 10 years in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165

The Victorian Court of Appeal has recently clarified the interpretation of section 134 of the Building Act 1993 (Vic) in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165 and has determined that section 134 creates a separate limitation regime of 10 years for all building actions, including those arising
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Council Represents Lot Owners in Urgent Dispute

The recent case of Burwood Council v Ralan Burwood Pty Ltd [2014] NSWCA 179 provided an interesting set of circumstances where a Council acted to notify (and represent) all lot owners on an urgent basis. The Council sought a declaration that the Construction Certificate issued by a certifier was invalid because the design and construction
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