Addisons Contractual Interpretation Series - Implied Duty of Good Faith
In an earlier article, we looked at the meaning and usage in commercial contracts of an express obligation to “negotiate in good faith”. This article examines a different aspect of the law on good faith, namely, when a requirement of good faith will be implied into a contract. We also identify the kind of obligations that good faith imposes on contracting parties, and consider whether you can expressly exclude these obligations from your contract.
ACCC Cracks Down on Telemarketers
The Australian Competition and Consumer Commission has again shown its willingness to crack down on telcos and their telemarketing practices in the recent Federal Court of Australia case of Australian Competition and Consumer Commission v EDirect Pty Ltd  FCA 976.
Telecommunications Consumer Protections Code C628:2012 – a Look at the New Requirements
The new Telecommunications Consumer Protections Code C628:2012 (Code) will take effect on 1 September 2012, replacing the previous Telecommunications Consumer Protections Code C628:2007 (Previous Code) and the Guideline to the Previous Code.
Recent Amendments to the ASX Listing Rules – How Much Can Small and Mid Cap Companies Raise Without Shareholder Approval? … and What Does it Now Take to Become an ASX Listed Company?
As reported by Addisons in April 2012, the ASX is rolling out a number of initiatives to assist the capital raising efforts of small and mid-cap public companies listed on the Australian Securities Exchange. The first of these initiatives will commence from 1 August 2012, enabling eligible entities to seek approval, as a special item of business at each AGM, to issue securities representing up to 10% of their existing issued ordinary capital over the upcoming year. Entities applying to become listed on the ASX will also, from 1 November 2012, have greater flexibility in the way in which it satisfies the ASX that it has a sufficient spread of securityholders, and sufficient capital and liquidity in its securities, to justify its admission to the securities exchange.
Implications for General Counsel – the James Hardie Appeals
On 3 May 2012, the High Court delivered judgment in the James Hardie civil penalty appeals. This paper highlights the judgment’s practical implications for a person acting as general counsel and the scope of their duties and responsibilities.
ACCC v TPG – A Further Warning To Telecommunications Service Providers
On 26 April 2012, the Australian Competition and Consumer Commission once again demonstrated that the telecommunications industry remains a particular target for its enforcement activities, by issuing TPG Internet Pty Ltd with two infringement notices totalling $13,200 for misleading advertising.
Addisons Contractual Interpretation Series - “Best Endeavours”
This is one of a series of articles in which we review the judicial interpretation of some words and phrases that are commonly used in contracts. In this article we look at the meaning of the phrase “best endeavours”.
Addisons Contractual Interpretation Series - “Material Breach”
This is one of a series of articles in which we have reviewed the judicial interpretation of some words and phrases that are commonly used in contracts. In this article we look at the meaning of the phrase “material breach”.
Addisons Contractual Interpretation Series - Obligation to “Negotiate in Good Faith”
This is one of a series of articles in which we review the judicial interpretation of some words and phrases that are commonly used in contracts. In this article we look at the meaning of the phrase “negotiate in good faith”.
Competition & Consumer Quarterly
In this edition:
* Food Industry Beware - ACCC drawn to misleading and deceptive conduct like a bee to honey
* Federal Court decision on search engine marketing: sponsored links may be misleading but advertisers have only themselves to blame
* Slimming spray sales representations stopped overseas
Knock, knock. Who's there? - ACCC imposes infringement notices and accepts undertaking from a door-to-door sales company in respect of misleading representations made during in-home presentations
* ACCC issues surprising statistics about the first six months of the new mandatory reporting requirements under the product safety provisions of the Australian Consumer Law
Competition Quarterly - August 2011
In this edition:
* A new era in Australian competition regulation: Rod Sims now at the helm of the ACCC.
* Are your advertising disclaimers really effective? Optus learns a $5.26 million lesson on the topic.
* A Pyrrhic victory or the ACCC testing the boundaries? A$2.7 million penalty but on paper only.
* The creeping tale of creeping acquisitions ...
Phase 1 of the Australian Consumer Law reform process begins!
Consumer protection provisions have been significantly expanded with the Senate passing the Trade Practices Amendment (Australian Consumer Law) Bill (Cth) (2009) (ACL Phase 1) on 17 March 2010. ACL Phase 1 amends the Trade Practices Act 1974 (Cth) (TPA) and the ASIC Act 2001 (Cth) by introducing new investigative and enforcement powers, new civil penalties and a national unfair terms regime. The civil penalties and enforcement powers take effect from 15 April 2010 and represent the first instalment of the ACL reform process. The unfair contract provisions will apply from 1 July 2010 with the remainder of the ACL reforms expected to be in place by 1 January 2011.