Analysis

Former ACCC chair Allan Fels says the competition regulator appears to have a strong misuse of market power case against Mastercard, but noted the credit card giant may raise arguments about two-sided markets in defending the claims.

Before the decision in the Brambles case this week -- the first shareholder class action to succeed at trial -- the path to proving loss from disclosure breaches was a thicket of, well, brambles. Now after six consecutive losses, Justice Bernard Murphy has paved the way for plaintiffs to prevail.

Owners and head contractors could be caught out for unexpected payments and lose rights they thought they had, as far-reaching changes to Victoria’s security of payment regime take effect today, a construction expert told Lawyerly. 

MinterEllison's market-leading construction team is readying for a jump in claims stemming from reforms to Victoria's Security of Payment Act and navigating 'crisis contracting' for clients amid ongoing conflict in the Middle East -- and with a new partner soon to join its ranks, the firm is ready for the challenges.

Law firms will soon face costly new compliance obligations under the anti-money laundering counter-terrorism finance regime that will need to be finely balanced with their core professional and ethical duties, experts say.

The judgment in ASIC's case against Star's top executives and directors sounds a warning that board members need to proactively test information and serves as a "stark reminder" to general counsel that their duties are owed to the company, not management, experts tell Lawyerly.

Corporates, regulators and lawyers alike will be poring over the Federal Court's reasons on Monday for dismissing a pivotal greenwashing case against gas giant Santos, but experts say the 250-page judgment is unlikely to deter further litigation.

Bunnings’ recent success in a privacy case concerning its use of facial recognition technology was only a "narrow victory" and should not be taken as a “green light” to businesses to follow suit, experts have told Lawyerly. 

Class action lawyers are expecting to see an increase in consumer and privacy cases this year, as well as a reinvigoration of shareholder litigation following a string of prominent losses, and many are counting on the High Court to clarify legal questions hanging over plaintiffs.

Class action settlements hit major milestones last year, with the year’s largest settlements totalling $1.6 billion and one case resolving for a historic $548.5 million.