All FocusPapers
As highly regarded experts in their fields, the team at Addisons are regularly called upon to write for a variety of publications or speak on particular areas of law in the media. We understand the importance to our clients of having regular access to articles outlining the current legal issues affecting their businesses.
We have therefore created the Addisons FocusPapers, where you will find recent articles, publications and newsletters written by our team on particular practice areas and specialisations.
Third Party Claimants - Greater Access to Insurance Policies
27 August 2010
Author: Nicole Tyson, Partner
Practice area: Insolvency & Corporate Reconstruction
The Court held third party claimants can rely on s54(1) Insurance Contracts Act 1984 (Cth) when suing insurers directly under s6(4) Law Reform (Miscellaneous Provisions) Act 1946 (NSW)
Committees of Inspection - Caution!
4 August 2010
Author: Philip Stern
Practice area: Insolvency & Corporate Reconstruction
To validly establish a committee of inspection, a resolution of creditors and contributories are required according to the Supreme Court of South Australia. If the determinations differ, then the liquidator will need a Court order on the issue. This will impact on the practice of liquidators, as such a resolution is often only put to a meeting of creditors.
Retention of Title Clauses - Court of Appeal
4 August 2010
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Retention of title clauses failed to protect the supplier in this case. Important lesson on interpretation of multiple retention of title clauses, and how parties ought to conduct themselves to protect their interests.
Are England and Australia Heading in Different Directions Regarding Copyright in Sporting Fixtures - Implications for Wagering Operators?
30 July 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
Health Claims in Food Advertising: the Advertising Claims Board upholds a Complaint by Fonterra against Goodman Fielder in an industry first
27 July 2010
Author: Laura Hartley, Partner
Practice area: Marketing & Advertising
The Food Standards Code (FSC) prohibits most "health claims" on labels and advertising for food. However, the statutory body responsible for enforcing the Food Standards Code in New South Wales, has rarely taken action for breach of these provisions. Nor has it given any publicly available guidance as to the extent of these provisions. Up until now, many members of the food industry have marketed the health benefits of a category of food (such as wholegrains, dairy or soy) rather than naming any health benefits of a particular brand of product of that manufacturer so as to avoid these provisions. That practice may now need to change given a recent decision of the Advertising Claims Board (ACB).
Changes to FIRB Exemptions for Sales of Residential Property
23 July 2010
Author: Daniel Goldberg, Special Counsel
Practice area: Corporate, Mergers & Acquisitions
Recent changes to the Foreign Acquisitions and Takeovers Regulations (1989) (Cth) remove an exemption that applied to temporary residents buying residential land in Australia. Unless such a buyer qualifies for another exemption, they are now required to notify the Treasurer (through the Foreign Investment Review Board (FIRB)) of the acquisition, and the usual time frames for FIRB approval apply.
Update - Australia's Mandatory Internet Filter
15 July 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
On 9 July 2010, the Government announced that its controversial mandatory Internet filter would be deferred for at least 12 months while a review of Australia's Refused Classification standard was conducted.
Buzzle v Apple - Creditors take heart
9 July 2010
Author: Daniel Goldberg, Special Counsel
Practice area: Corporate, Mergers & Acquisitions
A recent NSW Supreme Court decision provides further guidance and some comfort on the law of shadow directorship.
Caveats - Preventing a Mortgagee's Power of Sale
7 July 2010
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
The Court declined to extend caveats lodged by a registered proprietor which would prevent the mortgagee exercising its power of sale.
Gambling - Australian Productivity Commission Final Report on Gambling (June 2010) - What does this mean for the gaming machine sector?
28 June 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
On Wednesday (23 June 2010), the Productivity Commission (Commission) released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on the Commission's Draft Report published in October 2009.
Wagering - Australian Productivity Commission Final Report on Gambling (June 2010) - What does this mean for the wagering sector?
23 June 2010
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Gambling
Earlier today (23 June), the Productivity Commission ("Commission") released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on from the Draft Report the Commission published in October 2009.
Online Gaming - Australian Productivity Commission Final Report on Gambling (June 2010) - What does it mean for the online gaming sector?
23 June 2010
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Gambling
Earlier today (23 June 2010), the Productivity Commission (Commission) released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on from the Draft Report the Commission published in October 2009.
Privilege against self-incrimination
22 June 2010
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Privilege against self-incrimination - when and how it can be claim, and how to avoid inadvertent waiver of the privilege.
Race fields fees based on 1.5% of turnover: All bets are off? - NSW Race Fields Legislation - Constitutional Challenge by Betfair and Sportsbet - Round 1
16 June 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
Today's Federal Court decisions in the fiercely contested matters of Betfair v Racing New South Wales & Anor and Sportsbet v State of New South Wales & Ors are milestones in the ongoing dispute between wagering operators and Australian racing control bodies concerning the manner in which race fields fees can be imposed validly.
Conversion and Detinue - Caution!
10 June 2010
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Bunnings was found liable in conversion and detinue for its use of Chep pallets. Damages of over $10 million plus interest. Continued use of goods in the face of demands without attempts to ascertain ownership is risky, and may result in liability for damages at market hire rates.