Publications

Defamation in the #MeToo Age

In the controversial decision of Rush v Nationwide News, Justice Wigney of the Federal Court of Australia found that the Daily Telegraph‘s reporting of the Geoffrey Rush scandal was defamatory and awarded Mr Rush a substantial damages payout. Michael Daniel, Nicola Nygh, Claudia Dela Cruz and Aaron Irving discuss the implications of the decision for the law … Continue reading Defamation in the #MeToo Age Continue reading…


The Banking Royal Commission: Simplification to meet the intent of the law (8 February 2019)

The Banking Royal Commission Final Report is out, but what does it mean? In this article, Nicola Nygh and Sam Wheeler examine the proposal that Financial Services Legislation be simplified to ensure that the intent of the law is met. On 4 February 2019, the Royal Commission into Misconduct in the Banking, Superannuation and Financial … Continue reading The Banking Royal Commission: Simplification to meet the intent of the law (8 February 2019) Continue reading…


Unions NSW v NSW: The High Court’s consideration of the proportionality test (5 February 2019)

The High Court of Australia upheld the implied freedom of political communication in its first decision of 2019. Nicola Nygh and Sam Wheeler discuss the jurisprudence underpinning this decision. Sections 7 and 24 of the Commonwealth Constitution provide that Parliament will be “composed of members directly chosen by the people”. Those deceptively simple words lay the … Continue reading Unions NSW v NSW: The High Court’s consideration of the proportionality test (5 February 2019) Continue reading…


Foodora’s Delivery Riders — Contractors or Employees? Implications for Employee-Creditor Prioritisation

Nicola Nygh, Sam Wheeler and Callum Davis analyse the Fair Work Commission’s recent decision that delivery riders for Foodora are employees, rather than contractors. The Fair Work Commission recently determined an unfair dismissal claim by a former delivery rider for Foodora, an app-based meal delivery company. It held that, despite the presence of contractual terms which … Continue reading Foodora’s Delivery Riders — Contractors or Employees? Implications for Employee-Creditor Prioritisation Continue reading…


New law brings to an end the jurisdictional crisis in the District Court of New South Wales

Nicola Nygh, Claudia Dela Cruz and Ekaterina Zotova explore the evolution and the resolution of the jurisdictional crisis which afflicted the District Court this year. On 28 November 2018, the Governor of New South Wales gave his assent to the Justice Legislation Amendment Act (No 3) 2018 (the Act), which clarifies the jurisdiction of the District Court … Continue reading New law brings to an end the jurisdictional crisis in the District Court of New South Wales Continue reading…


Mandatory reporting for businesses under proposed Modern Slavery Act

Nicola Nygh examines mandatory reporting requirements under a proposed Modern Slavery Act. In December 2017, the final report on modern slavery was released by the Australian Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade.  To ensure that Australian businesses avoid profiting from modern slavery in their global supply chains, the Report recommended that … Continue reading Mandatory reporting for businesses under proposed Modern Slavery Act Continue reading…


Safe Harbour Reforms for Insolvent Trading

Michael Daniel and David Hing explain the recent insolvent trading “safe harbour” reforms and their significance for responsibilities of company directors. The “safe harbour” amendments to the insolvent trading provisions of the Corporations Act have come into law. The “safe harbour” provisions, in effect, provide an important new defence for directors from claims of personal … Continue reading Safe Harbour Reforms for Insolvent Trading Continue reading…


‘Concerted Practices and Algorithmic Coordination: Does the Proposed CP Prohibition Compute?’ – A presentation by Brent Fisse of Resolve Litigation Lawyers and Rob Nicholls

Presented at the LCA Competition and Consumer Law Workshop in Melbourne on 5 August 2017 Download ‘Concerted Practices and Algorithmic Coordination: Does the Proposed CP Prohibition Compute?’Continue reading…


What are your rights when airlines overbook your flight?

The video of police officers dragging a passenger off a United Airlines flight has put the practice of overbooking into the spotlight. http://www.news.com.au/travel/travel-advice/flights/what-are-your-rights-when-airlines-overbook-your-flight/news-story/febe6cf6d7eea21795febe53343c02cbContinue reading…


Game on! Industry association says it’s time to amend the Australian Consumer Law to accommodate “digital content”: 25 January 2017

Claudia Dela Cruz explores the Interactive Games and Entertainment Association’s suggestion that a separate consumer law scheme be established for digital content. The recent Federal Court decision in Australian Competition and Consumer Commission v Valve Corporation (No 7) [2016] FCA 1553 highlights, amongst other things, the increasingly contentious absence of “digital content” clauses in the Australian Consumer Law.  … Continue reading Game on! Industry association says it’s time to amend the Australian Consumer Law to accommodate “digital content”: 25 January 2017 Continue reading…