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Recklessness Revisited

The Courts are mindful that a liability insurance policy must have business efficacy, however, there are limits, and recklessness that goes beyond mere negligence is often sought to be excluded via policy terms and conditions.

Australian High Court in Landmark Ruling on Attempted Price Fixing Between Travel Agent and Airlines

The Australian High Court recently upheld an appeal by the Australian competition regulator (“the ACCC”) that a travel agent Flight Centre (“Flight Centre”) engaged in attempted price fixing in contravention of the Trade Practices Act 1974 (“TPA”) now the Competition and Consumer Act 2010 (“CCA”) when it attempted to prevent several airlines from undercutting it on airfare prices.  The High Court decision was a majority decision of 4:1.
  • 22 Dec 2016


Risky business of sham contracting

While some employers have escaped paying employee entitlements by using triangular contracting arrangements, the law has now been tightened and employers need to be aware of the heavy punishments available if they breach the provisions of the Fair Work Act.
  • 11 Sep 2016


Pay late, pay more

On 27 July 2016, the High Court handed down its decision Paciocco v Australia and New Zealand Banking Group Limited, concluding a six year long legal dispute concerning the legitimacy of late payment fees of up to $35 charged by ANZ Bank.

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