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Statutory demands’ special deadline

Applications to set aside statutory demands do not need to be served by 4pm. Court finds they can be served up until midnight.

It is 3.55pm. You have just raced up George Street by foot to file your client’s application before the Registry closed at 4pm.  It’s been a frantic few days preparing the Application and Affidavit within the 21 day timeframe. You realise that all your hard work means nothing unless the Application is served.

Take heart, there is more of the day left for you to effect service. […]

Clarity from the High Court on what is a “market in Australia”

Air New Zealand v ACCC; PT Garuda Indonesia Ltd v ACCC [2017] HCA 21

For international supply contracts, identifying the relevant market can be challenging. The High Court provides some guidance.

The key issue in this case was whether the rivalrous behaviour occurred in Australia, or whether or not it also occurred elsewhere.

At the heart of the appeal, was the phrase ‘market in Australia’ and its impact on the definition of ‘market’ when used in s 4E of the Trade Practices Act 1974 (Cth). […]

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