News & Blog

Stay up-to-date with interesting perspectives from the team at McCabes.

Federal Court of Australia allows in evidence obtained improperly by regulator

Published by Andrew Lacey - Managing Principal
May 22, 2018
In November 2017 the Australian Competition and Consumer Commission (ACCC) commenced proceedings against Apple Pty Ltd in the Federal Court of Australia, alleging that it engaged in misleading or deceptive conduct and made or false or misleading statements to consumers about the availability of remedies under the Australian Consumer Law (ACL) in respect of defective… View Article
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Farm Debt Mediation Amendment Bill 2018 (NSW): What do the changes mean for you?

Published by Foez Dewan - Principal
May 8, 2018
On 3 May 2018, the Farm Debt Mediation Amendment Bill 2018 (NSW) (the Amendments) was passed. The Amendments make several significant changes to the Farm Debt Mediation Act 1994 (NSW) (FDMA), including to its structure, scope of application and the procedure for the enforcement of farm debts. The Amendments will come into effect on proclamation,… View Article
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Court of appeal strikes down ASIC’S appeal on directors’ duties in AWB case

Published by Andrew Lacey - Managing Principal
Apr 30, 2018
This week marked a significant development in the infamous and long running AWB scandal: the Victorian Court of Appeal shot down ASIC’s appeal against the finding that Peter Geary, the former Group General Manager of Trading of AWB, had not breached his duties as a director under the Corporations Act. The AWB Scandal The Australian… View Article
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Fixing flights takes penalties to new heights: Full Court increases Flight Centre’s fines for price fixing.

Published by Chiara Rawlins - Principal - Litigation Division Leader
Apr 26, 2018
The Full Court of the Federal Court has recently brought the long running saga between the ACCC and Flight Centre to an end. The dispute, which went on tour up and down the federal court system (including to the High Court) on multiple appeals on both liability and penalties, centred around allegations that Flight Centre… View Article
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Game Over: Valve’s high court appeal goes up in steam.

Published by Chiara Rawlins - Principal - Litigation Division Leader
Apr 24, 2018
Last week Gordon and Nettle JJ of the High Court of Australia scuttled Valve’s special leave application to appeal against last year’s judgment of the Full Court of the Federal Court. The case was concerned with whether Valve was required to comply with Australian consumer protection laws in its operation of the ubiquitous online gaming… View Article
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Validity Of Holding DOCAs In Doubt

Published by Andrew Lacey - Managing Principal
Apr 2, 2018
The High Court will consider the validity of “holding” deed of company arrangements (commonly known as “holding DOCAs”) under the Part 5.3A of the Corporations Act (the Act). Holding DOCAs have been a useful mechanism for administrators to gain further time to conduct investigations to yield a better return to creditors. That benefit is to… View Article
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The consequences for breaching directors duties: what you face when the storm passes

Published by Andrew Lacey - Managing Principal
Mar 27, 2018
In the latest chapter in the saga concerning the collapse of Storm Financial Ltd, the Federal Court of Australia last week determined what penalties were to be issued to the directors.   Trouble in paradise: the breaches in question Storm was founded by husband and wife Emmanuel and Julie Cassimatis to provide financial advice and… View Article
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Should climate change risks be on a director’s radar?

Published by Andrew Lacey - Managing Principal
Mar 5, 2018
Insights from legal professionals and company regulators suggest that company directors should consider and respond to the risks posed by climate change as part of their duty to act with care, skill and diligence. The recent proceedings commenced by two shareholders of the Commonwealth Bank of Australia (CBA) against CBA in the Federal Court of… View Article
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