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Vanderstock v Victoria: Free Trade and Federalism (2024) 35 (1) Federal Law Review Law Review 13-23

1-5-24 / Sarah Spottiswood — Appellate, Judicial Review & Administrative, Tax

In Vanderstock v Victoria (2023) 98 ALJR 208, a 4-3 majority of the High Court held that a tax imposed by Victoria on the use of electric and hybrid vehicles was invalid. The majority held that the tax was a "duty of excise" which, under section 90 of the 'Constitution',…

Extending The Limitation Period On Bringing Applications For Statutory Compensation

23-4-24 / Paul McQuade KC — Corporate Insolvency & Bankruptcy, Corporations

Paul McQuade KC comments on the judgment of Binqld Finances Pty Ltd (in liq) v Binetter [2024] FCA 361 in relation to the scope of the Corporations Act 2001 and whether the limitation period for commencing a claim can be extended. You can read the article here.

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…