Publications

Reforming defamation law in the age of social media

The way we publish information and express ourselves online has changed dramatically since Australian defamation laws were last reformed in 2005.  The rise of social media and the myriad ways in which we can express negative, and potentially defamatory, opinions online has led to a surge in defamation claims. However, many of these claims are considered trivial or designed to intimidate defendants with the threat of legal fees and damages payouts. Continue reading…

The Rise of the Visible Hand: Competition Law and COVID-19

On 23 July 2020, Michael Daniel, Ekaterina Zotova and Johnson Man of Resolve Litigation Lawyers presented at the Competition Law Discussion Group chaired by Chris Hodgekiss SC on the topic of ‘Competition Law and COVID-19’. In their presentation, they examined how the ACCC has responded to the challenges posed by COVID-19 to competition law, in … Continue reading The Rise of the Visible Hand: Competition Law and COVID-19 →Continue reading…

The Australian Government’s JobKeeper Payment: A Game-changer for Businesses Looking to Cut Costs Without Firing Staff

Legislation providing for the new JobKeeper Payment was passed at an emergency sitting of Federal Parliament on 8 April 2020. In passing the legislation Australia joins a number of countries including the UK, Denmark and New Zealand which have implemented wage subsidies to support businesses during this period of economic ‘hibernation’. Nicola Nygh, Harley Milano, … Continue reading The Australian Government’s JobKeeper Payment: A Game-changer for Businesses Looking to Cut Costs Without Firing Staff →Continue reading…

Out of the Den into the Harbour; safe harbours for companies during and after hibernation

The Coronavirus Economic Response Package Omnibus Act 2020 provides relief for companies and directors that trade while insolvent from 25 March 2020. Nicola Nygh, Ekaterina Zotova and Jack Halim discuss the operation of the new safe harbour on directors’ duties during and after the “hibernation” and the increased threshold and statutory period for issuing statutory … Continue reading Out of the Den into the Harbour; safe harbours for companies during and after hibernation →Continue reading…

Coronavirus (COVID-19) and contracts: an act of God?

Nicola Nygh, Harley Milano and Johnson Man discuss how businesses can be relieved of their contractual obligations – in circumstances where they are no longer able to perform a contract due to the coronavirus – through “force majeure” clauses and the common law doctrine of frustration. The coronavirus pandemic is having an unprecedented impact on … Continue reading Coronavirus (COVID-19) and contracts: an act of God? →Continue reading…

Creditor defeating dispositions: combating illegal phoenixing or just making insolvency law more complex (28 February 2020)

Michael Daniel and Nicola Nygh discuss the Australian Government’s newly introduced illegal phoenixing reforms. On 17 February 2020, the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (the Act) received Royal Assent. The Act expands the powers of ASIC and liquidators in order to combat phoenixing, being the stripping and transferring of assets from … Continue reading Creditor defeating dispositions: combating illegal phoenixing or just making insolvency law more complex (28 February 2020) →Continue reading…

Independent Advice to Directors in Insolvency

Nicola Nygh recently delivered a presentation at the College of Law on directors’ duties in insolvency. You can view the slides to her presentation here.Continue reading…

The Future of Re Queensland Co-Operative Milling Association Ltd in the Digital Economy

Michael Daniel and Ekaterina Zotova trace the approach to the foundational concepts of ‘Competition’ and ‘Market’ adopted by the court since its landmark decision in Re Queensland Co-Operative Milling Association Ltd and discuss the future of the principles established by that decision in modern times of the digital economy The facts in QCMA concerned applications made … Continue reading The Future of Re Queensland Co-Operative Milling Association Ltd in the Digital Economy →Continue reading…

Gun-jumping in Australia

Michael Daniel and Ekaterina Zotova recently delivered a presentation at the Competition Law Discussion Group on the Federal Court decision of ACCC v Cryosite and the phenomenon of ‘gun-jumping’ more broadly. You can view the slides to their presentation here.Continue reading…

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…