In the media

Farmers urged to back 'effects test’
Farm stakeholders are being urged to have their say on the federal government’s moves to adopt an 'effects test' to deal with market power abuse in retail supply chains. ADF President Simone Jolliffe said the industry would continue to advocate for the regulating bodies to have the power to prevent predatory pricing in future (27 January 2016).  More...

Australia falls to 13th place in global corruption ranking
Australia has dropped to 13th from 11th place, falling behind Germany and Britain, in a closely watched index of global corruption. Western Europe's relentless stream of banking scandals continued in 2015, as Deutsche Bank paid the largest Libor fine in history in a market-rigging scandal," Transparency said. "More proof that the financial sector -- banking in particular - - is in dire need of reform." (27 January 2016).  More...

Tennis match-fixing scandal: review to look at betting companies sponsoring major events
Authorities say it is a question for the independent review into tennis's anti-corruption unit over whether it is appropriate that betting companies sponsor major tennis events (27 January 2016).  More...

Exetel compensates consumers following ACCC investigation
The ACCC considered that the clause was an unfair contract term which was likely to contravene the Australian Consumer Law (ACL).  The ACCC also considered that Exetel’s advertising of these fixed term plans was likely to be misleading because it represented that consumers would receive the service for the 12-month fixed term, when this was not necessarily the case (18 January 2016).  More...

Kogan pays $32,400 penalty for alleged false or misleading representations in a Father's Day promotion
The ACCC issued the infringement notices because it had reasonable grounds to believe that Kogan had made false or misleading representations about the price of three computer monitors advertised by Kogan during a Fathers’ Day promotion on its eBay store, in contravention of the Australian Consumer Law (18 January 2016).  More...

In practice and courts, published reports

Options to strengthen the misuse of market power law: Discussion Paper
The purpose of this discussion paper is to seek the views of interested parties on options to strengthen the misuse of market power provision (section 46) of the Competition and Consumer Act 2010 (CCA). Submissions on this discussion paper close on 12 February 2016.  More...


North East Solution Pty Ltd v Masters Home Improvement Australia Pty Ltd [2016] VSC 1
CONTRACT – Good faith – Enforceability of agreement to negotiate in good faith – Breach of obligation to act reasonably and in good faith – Relationship between obligation to act “reasonably” and obligation to act “in good faith” – Burger King Corporation v Hungry Jack’s Pty Ltd [2001] NSWCA 187; (2001) 69 NSWLR 558 – Construction of commercial contracts – Terms implied in order to give business efficacy to agreement – Incorporation of terms of earlier agreement into subsequent agreement – Different named parties in subsequent agreement.  DAMAGES – Quantification of loss and damage – Lost opportunity to develop and lease land – Date at which damages are assessed – Capitalisation of Income method of valuation not the most appropriate method of estimating loss and damage – Discounted Cash Flow method of valuation – Sellars discount – Sellars v Adelaide Petroleum NL [1994] HCA 4; (1994) 179 CLR 332.  More...



Howard Rapke, Managing Partner, Melbourne
T: +61 3 9321 9752

Ian Robertson, National Managing Partner
T: +61 2 8083 0401

Paul Venus, Managing Partner, Brisbane
T: +71 7 3135 0613


The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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