Intricacies of Oppressive Conduct: JAB Nominees (Aust) Pty Ltd v Auswild

By Alicia Hill, Principal and Harrison Breer, Law Clerk In the recent case of JAB Nominees (Aust) Pty Ltd v Auswild [2020] VSC 731, the Supreme Court of Victoria considered whether, in filing and maintaining a proceeding against the Defendant Shareholders, the Third Party Directors of the corporation had engaged in oppressive conduct. Background After…

Review of Unfair Contract Terms and Upcoming Reform

The unfair contract terms (UCT) regime can be found in the Competition and Consumer Act 2010 (CCA) and was originally brought in to protect consumers in circumstances where there is a large imbalance of power regarding the formulation of contracts. Since 2016 this protection has been extended to small businesses. The regime was slated for further expansion by the Federal Government’s Decision Regulation Impact Statement published on 9 November 2020 following substantial advocacy from the ACCC. It is not yet clear when these changes will be formalised, however the changes and potential impacts will be discussed in this article.

Assignment of warranties: you can’t have your cake and eat it too

In the recent case of Langbein v Mottershead Investments Pty Ltd (No 3) [2020] FCA 1790, the Federal Court of Australia considered an appeal from Mr Langbein from the matter Mottershead Investments Pty Ltd v Aircraft Support Industries Engineering Pty Ltd (in liq) [2019] FCCA 1375 regarding issues of valid consideration and an assignment of warranty.

“To trade or not to trade”: ACCC guidelines for small businesses and franchises responding to the impact of COVID-19

18 Dec 2020

The COVID-19 pandemic has created a climate of vulnerability for small businesses impacted by trading restrictions and unfair business practices.  Throughout 2020, small businesses have faced a host of challenges, including threats of eviction, the failure of large companies to pay invoices, requirements for franchisees to pay franchise fees despite trading restrictions, unfair contract terms and anti-competitive conduct. In response, the ACCC has released simplified and accessible guidelines to support small business and franchises impacted by COVID-19.