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Jones Day Sydney, New South Wales, Australia Document Search Results (55)

 

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HTMLAustralian Court "Closes Class"
John Emmerig, Joshua Kang, Michael Legg; Jones Day;
Legal Alert/Article
November 21, 2016, previously published on November 2016
In Australia, class actions operate by way of an opt-out model that does not require the consent or identification of class members at the time the proceedings are commenced. As such, there can be significant uncertainty in settlement negotiations as to which (and accordingly how many) members will...

 

HTMLGame Changer: Appellate Court Permits Common Fund Orders in Australian Class Action Litigation
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
November 21, 2016, previously published on November 2016
An upsurge in Australian class action filings is expected now that the Full Court of the Federal Court of Australia has permitted a common fund order in federal class action litigation.

 

HTMLFederal Court of Australia Permits Respondents to Settle Individual Claims of Class Action Members
John Emmerig, Joshua Kang, Michael Legg; Jones Day;
Legal Alert/Article
October 28, 2016, previously published on October 2016
In May 2016, Ms Capic filed a class action proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) against the Ford Motor Company of Australia Limited ("Ford Australia"). The class action concerned alleged defects in the automatic transmission mechanism...

 

HTMLAustralia: Supreme Court Upholds Validity of a Six-Month Restraint to Prevent Senior Executive Commencing Employment with Competitor
Claire Goulding, Adam Salter; Jones Day;
Legal Alert/Article
October 25, 2016, previously published on October 2016
The Supreme Court of New South Wales recently considered an application for an interlocutory injunction by an employer who sought to prevent an employee commencing employment with a competitor company by relying on a restraint clause in his contract of employment.

 

HTMLAustralia: Fair Work Commission Rules that Redundancy Payments Must Take into Account Prior Casual Employment in Certain Circumstances
Claire Goulding, Adam Salter; Jones Day;
Legal Alert/Article
October 25, 2016, previously published on October 2016
In a surprising decision that is likely to have far-reaching implications, the Full Bench of the Fair Work Commission ("Commission") has ruled that, in calculating redundancy payments, the employee's period of continuous service must take into account certain periods of prior casual...

 

HTMLAustralia Proposes Competition Law Overhaul
Prudence Smith, Nick Taylor; Jones Day;
Legal Alert/Article
September 30, 2016, previously published on September 2016
Disquiet from owners of major infrastructure and small businesses, together with Australian Competition and Consumer Commission ("ACCC") frustration that it lacks certain statutory powers, has prompted a proposal by the Australian Government ("Government") to overhaul the...

 

HTMLLate Payment Fees Not Penalties: High Court of Australia Rebuffs Bank Fees Class Action
Mark Crean, John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
September 22, 2016, previously published on September 2016
Australia's largest class action, in which about 43,000 customers of Australia & New Zealand Banking Group Ltd ("ANZ") sought to recover more than $50 million for alleged "excessive" bank fees, has ended with a High Court decision in favour of the bank: Paciocco v Australia...

 

HTMLAustralian Shareholder Class Action Held to be an Abuse of Process
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
September 12, 2016, previously published on September 2016
In Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 3) [2014] VSC 340 (“MCI decision”), the lead plaintiff (“MCI”) purchased a small parcel of shares in both Treasury Wine Estates Limited and Leighton Holdings Limited and commenced separate group...

 

HTMLAustralian Competition Authority to Enforce Credit and Debit Card Fee Limits
Adam Salter, Prudence Smith, Nick Taylor; Jones Day;
Legal Alert/Article
September 6, 2016, previously published on August 2016
In recent years, it has become common for companies that accept credit or debit cards in Australia to charge transaction fees or surcharges for the use of the cards. For example, restaurants, doctors, shops, and other merchants commonly charge between 1% and 5% over the price of the goods or...

 

HTMLAustralia Seeks Tougher Penalties and Makes Increased Use of Commitments in Settlements
Prudence Smith, Nick Taylor; Jones Day;
Legal Alert/Article
August 18, 2016, previously published on August 2016
We have in recent alerts discussed the increasingly aggressive enforcement activities of the Australian Competition and Consumer Commission. Unremittingly higher penalties is one unfortunate characteristic of the ACCC's enforcement program, mitigated somewhat by its willingness to accept...

 


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