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Searching Content indexed under Trade Regulation & Practices by DLA Piper Australia ordered by Published Date Descending.
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1
The test for declaration of Australian infrastructure under third party access legislation is dead - long live the new test!
The Government should take time afforded by the root and branch review to further consider the National Access Regime.
Australia
28 Mar 2014
2
Competition issues in resources projects: exclusivity in supply chains
Owners and users constantly look to improve the efficiency of the supply chain and to increase supply chain throughput.
Australia
15 Aug 2013
3
Competition issues in resources projects: Marketing agreements between JV partners
This article outlines key competition issues arising in the marketing and sale of output from a joint venture project..
Australia
14 Jul 2013
4
Competition issues in resources projects - Sharing infrastructure
The article outlines key issues in sharing infrastructure and collectively negotiating and making resource agreements.
Australia
22 Jun 2013
5
ACCC authorises agreement between Tabcorp and ACTTAB
The agreement benefits customers of both parties.
Australia
3 May 2013
6
Productivity Commission releases National Access Regime Issues Paper
The Productivity Commission moved along in its review of the National Access Regime by releasing its Issues Paper.
Australia
9 Dec 2012
7
Doing Business in Australia - Business Practices
Federal and state laws and regulations in Australia combine to influence how business practices are conducted.
Australia
30 Apr 2012
8
PERPETUAL TRUSTEE COMPANY LTD v MILANEX PTY LTD (IN LIQUIDATION) [2011] NSWCA 36
A defence of contributory negligence was found not available in a claim for damages from a breach of s42 FTA (NSW).
Australia
18 Mar 2012
9
Time to Trade in Your Existing Terms and Conditions
Recent amendments to the Trade Practices Act 1974 (Clth) (TPA) as part of the Australian Consumer Law (ACL) initiative see the introduction of new statutory consumer guarantees which come into force on 1 January 2011
Australia
29 Oct 2010
10
Beware of the TPA's anti-competitive provisions when tendering
A significant penalty figure, imposed by the Federal Court in its recent judgment in the long-running matter of ACCC v Baxter Healthcare Pty Limited [2010] FCA 929, sends a clear warning to all businesses undertaking procurement activities to be observant of the anti-competitive provisions in the Trade Practices Act 1974 (TPA).
Australia
13 Oct 2010
11
Does Piracy Entitle A Charterer To Put A Vessel Off Hire?
In the case of Cosco Bulk Carrier Co Limited v Team-Up Owning Co Limited (the ‘Saldanha’) [2010] EWHC 1340, Mr Justice Gross in the English High Court recently determined that piracy did not interrupt the hire period in a charter party on the New York Produce Exchange (NYPE) form.
Australia
19 Aug 2010
12
Deteriorated Seafood Claim Leads to Issues of Due Diligence in a Latent Defect Defence:
The recent decision of Justice Ryan in the Federal Court of Australia in Seafood Imports Pty Ltd v ANL Singapore Pte Ltd (2010) FCA 702, confirmed and followed the approach of the High Court of Australia in Great China Metal Industries Co Limited v Malaysian International Shipping Corporation Berhad (the ‘Bunga Seroja’) 1998 196 CLR 161, in a case involving heating damage to a consignment of frozen seafood.
Australia
9 Jul 2010
13
Travel Agent Commission and Fuel Surcharges Revisited
In our bulletin on 30 July 2009 we reported on the decision of Justice Moore in the Federal Court of Australia in Leonie’s Travel Pty Ltd v International Air Transport Association, Qantas Airways Limited & Ors. Qantas was found not liable to pay travel agent commissions and to have not breached its Contract with the travel agents. That decision has now been overturned on appeal to the Full Court of the Federal Court of Australia in Leonie’s Travel Pty Ltd v Qantas Airways Limited [2010] FCAFC 3
Australia
11 Jun 2010
14
National Access Regime: New Bill Ineffective to Speed Up Part II A Declaration Process
In February this year we provided an outline of the proposed amendments to the National Access Regime in Part II A of the Trade Practices Act 1974 (Cth) (Act). Those changes are contained in the Trade Practices Amendment (Infrastructure Access) Bill 2009. Since our last update, the Senate Economics Legislation Committee has recommended the Bill be passed.
Australia
12 Apr 2010
15
Criminalisation of Cartels
Simon Power, the Minister of Commerce, yesterday announced the release of a discussion document on the introduction of criminal penalties (including imprisonment) for those guilty of participation in cartels. The Minister's announcement follows the recent criminalisation of cartel conduct in Australia - the relevant reforms coming into effect over the Tasman on 24 July last year.
New Zealand
 
29 Jan 2010
16
Trade Practices Compliance Program
If you are a franchisor or operate a small business, advertise goods or services, negotiate with suppliers, are a distributor or compete with other businesses, then you should have a "Trade Practices Act 1974" (Cth) (TPA) compliance program (Program) in place.
Australia
17 Nov 2009
17
More Reforms To The Franchising Code Of Conduct And The Unconscionable Conduct Provisions Of The Trade Practices Act Announced.
On 5 November 2009 the Federal Government announced major changes to the Franchising Code of Conduct (Code) and the Trade Practices Act 1974 (Cth) (Act).
Australia
 
9 Nov 2009
18
Travel Agents, Fuel Surcharges And Ticket Commissions
In the case of “Leonie’s Travel Pty Ltd v International Air Transport Association, Qantas Airways Limited & Ors” [2009] FCA 280, Justice Moore in the Federal Court of Australia was required to consider a challenge by a group of travel agents to the calculation of commissions they were paid.
Australia
30 Jul 2009
19
Interpreting Inconsistent Contract Terms And Multi –Document Contracts
The issue of how a contract should be construed when it contains inconsistent provisions was recently examined in "Leonie’s Travel Pty Ltd v International Air Transport Association" [2009] FCA 280.
Australia
21 Jul 2009
20
The Criminalisation Of Cartels: Cartel Bill Becomes Law
The criminalisation of cartel conduct has become a reality in Australia. The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Amendment Act) comes into effect on 24 July 2009.
Australia
2 Jul 2009
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