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What’s my loss? “True value” under the Australian Consumer Law

20-2-24 / Roger Traves KC — Competition & Consumer

The assessment of damages under the Australian Consumer Law for misleading or deceptive conduct or breach of consumer guarantees often involves comparing the price paid for an asset or good and the value of the thing purchased. The purchase of a business by reason of misleading conduct as to its…

“One Day This Will Be Yours”: Estoppel By Encouragement And Acquiescence

10-1-24 / Roger Traves KC — Contract, Succession

Promises, representations or conduct which leave a party with an expectation that they will receive property in the future not infrequently lead to dispute and litigation. A reasonable approach to cases such as these is to assess whether the conduct amounts to a contractual promise (for example, a contract to…

The Quincecare Duty in Australian Law

14-12-23 / Mohammud Jaamae Hafeez-Baig — Banking, Commercial Equity, Corporations

In a seminar/webinar hosted by Level Twenty Seven Chambers, Jaamae provided an update on: - recent legal developments shaping banking responsibilities; - recent rulings from the Privy Council, the Hong Kong Court of Final Appeal and the UK Supreme Court shaping the landscape of the Quincecare Duty; - a dive…

The Use and Limits of Statutory Purpose in the Interpretation of Legislation

27-11-23 / Roger Traves KC — Appellate, Banking, Building & Construction, Commercial Equity, Contract, Corporations, Inquiries & Coronial Inquests, Insurance, Judicial Review & Administrative, Land Law & Property, Native Title & Cultural Heritage, Planning & Environment, Professional Discipline & Regulatory, Professional Negligence, Resources & Energy, Sport, Succession, Tax

In his article The Use and Limits of Statutory Purpose in the Interpretation of Legislation, Roger Traves KC considers a framework of approach to statutory construction and the use and limits of statutory purpose. Who should read? Advisory and litigation lawyers across all practice areas. What does the…

Taking Stock of Vanderstock: Section 90, Electric Vehicles and the Future of State Taxes on Goods

9-11-23 / Sarah Spottiswood, Michael Maynard — Judicial Review & Administrative, Tax

In the decision Vanderstock v Victoria [2023] HCA 30, the High Court held by a narrow 4:3 majority that a tax imposed by Victoria on the use of electrical and hybrid vehicles (EVs) was invalid. The decision is significant because the majority reopened and overruled previous High Court authority to reach…