Australian Commercial Law 30th edition

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Australian Commercial Law 30th edition

ISBN : 9780455233765
Publisher : Thomson Reuters
Author(s) :
Publication Date :
Edition : 30 ed
Overview Each of the chapters in this 30th edition of Australian Commercial Law has been updated to incorporate the legislative amendments and case law developments since the last edition. The changes made in the new edition include the following: The Australian Legal System (Ch 1) contains discussion of the new uniform commercial arbitration legislation.   The Contract chapters incorporate a broad range of recent decisions including Mackintosh v Johnson (2013) and the High Court’s decision in Kakavas v Crown Melbourne Ltd (2013) on unconscionable conduct (Ch 7); Bendigo and Adelaide Bank Ltd v Karamihos (2014) concerning the application of the Contracts Review Act 1980 (NSW) (Ch 7); Pearson v HRX Holdings Pty Ltd (2012) and Birdanco Nominees Pty Ltd v Money (2012) on restraint of trade provisions (Ch 8); Paciocco v Australia and New Zealand Banking Group Ltd (2014) on penalties (Ch 12); and the High Court’s decision in Clark v Macourt (2013) on damages for breach of contract (Ch 12). The Law of Electronic Commerce (Ch 16) outlines the Australian Privacy Principles (APP) which became effective in March 2014 and new provisions aimed at combatting the increasing problem of cybercrime. Consumer Protection (Ch 17) includes, together with other recent “misleading or deceptive conduct” cases, the significant decisions of the High Court in Google Inc v ACCC (2013) and ACCC v TPG Internet Pty Ltd (2013) concerning the advertising of goods and services on the Internet. Restrictive Trade Practices (Ch 18) includes discussion of the Federal Court decisions in ACCC v Flight Centre Ltd (No 2) (2013) and ACCC v Flight Centre Ltd (No 3) (2014) concerning arrangements having the purpose of “substantially lessening competition” in contravention of s 45 of the Competition and Consumer Act 2010 (Cth). Insurance (Ch 25) incorporates the significant amendments made by the Insurance Contracts Amendment Act 2013 (Cth) to the duty of good faith, the disclosure provisions, the remedies for non-disclosure and misrepresentation and the rights of third party beneficiaries under insurance contracts. Company Law (Ch 27) has been extensively revised and re-worked. Intellectual Property (Ch 30) includes the decision of the High Court in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (2013) confirming the patentability of methods of medical treatment and the Full Federal Court decision in D’Arcy v Myriad Genetics Inc (2014) upholding the patentability of “isolated” gene sequences. The Law of Employment (Ch 34) incorporates the changes made by the Fair Work Amendment Act 2012 (Cth) and the Fair Work Amendment Act 2013 (Cth) and the recent decision of the High Court in Commonwealth Bank of Australia v Barker (2014) that a term of mutual trust and confidence should not be implied in a contract of employment.

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