20-10-21 / Michael Hodge KC, Salwa Marsh — Competition & Consumer
The ACCC alleged that NQCranes contravened cartel provisions in the Competition and Consumer Act 2010 (Cth). NQCranes applied in the Federal Court to strike out paragraphs of the statement of claim that went to the ACCC’s alternate framing of the impugned arrangement and the sufficiency of the ACCC’s pleaded case…
23-9-21 / Salwa Marsh — Contract, Commercial Equity, Corporate Insolvency & Bankruptcy
An interlocutory application primarily regarding the parameters of discovery to be produced. In the substantive matter orders are sought that the first defendant be wound up on the grounds of oppression or on just and equitable grounds or alternatively orders pursuant to s 233(1) of the Corporations Act 2001 (Cth)…
22-9-21 / Roger Traves KC, Salwa Marsh — Land Law & Property
These proceedings concerned the valuation of land owned by Eumundi Group Hotels. The land being used for a bottle shop and tavern had been valued by the Valuer-General for rating and taxing purposes. The value of the land, determined by the Valuer-General to be AUD 3,800,000, was disputed by Eumundi…
20-8-21 / Roger Traves KC, Salwa Marsh — Planning & Environment
Odna Group Pty Ltd appealed against the Logan City Council’s refusal of a development application to erect a 75m2 on-premises advertising device visible from the Pacific Motorway. The key issues in contention were safety (driver distraction), traffic impact and amenity. The Court allowed the appeal making provision for conditions to…
23-7-21 / Roger Traves KC, Salwa Marsh — Competition & Consumer
The Australian Competition and Consumer Commission (ACCC) alleged that Lorna Jane Pty Ltd (Lorna Jane) contravened ss 18, 29(1)(g) and 33 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). The allegations concerned Lorna Jane’s marketing campaign to promote activewear treated with a spray…
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