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Articles by Daniel Marquet
Civil penalties can come at a premium
The recent Federal Court decision in Australian Competition and Consumer Commission v Trivago NV (No 2) (ACCC v Trivago) has confirmed courts will not shy away from ordering large civil penalties, where appropriate. The Court was required to consider whether an appropriate marker of 'benefit' – a well-established penalty factor in civil penalty proceedings – was revenue or profit. Noting that both are relevant, the Court confirmed that it is not limited to a consideration of profit.
De-risking in response to permanent changes to continuous disclosure laws in Australia
Australia: De-risking in response to permanent changes to continuous disclosure laws in Australia 13 October 2021 by Andrew Lumsden , Chris Pagent , Daniel Marquet , Joshua Levy and Kate Mani Corrs Chambers Westgarth Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Asmar v Albanese: extending the scope of legal professional privilege
To print this article, all you need is to be registered or login on Mondaq.com. In examining legal professional privilege (LPP), a tension has always existed between litigants' interest in the disclosure of all relevant documents in a dispute, and society's expectation that clients be allowed to talk openly with their lawyers without fear that their communications will be made public.
Justice without juries? Recent court decision highlights impact of COVID-19
To print this article, all you need is to be registered or login on Mondaq.com. As Australian businesses and sports have had to drastically change the way they operate, so too have Australian courts. Globally, cases are being heard virtually, from small civil claims in the Magistrates Court to generation-defining decisions by the Supreme Court of the United States. The changes have extended to civil jury trials, which have been indefinitely postponed in Victoria.
Justice without juries? Recent court decision highlights impact of COVID-19 | Lexology
As Australian businesses and sports have had to drastically change the way they operate, so too have Australian courts. Globally, cases are being heard virtually, from small civil claims in the Magistrates Court to generation-defining decisions by the Supreme Court of the United States. The changes have extended to civil jury trials, which have been indefinitely postponed in Victoria.
The potential legal risks of recommencing professional sport in a pandemic ravaged world
Australia: The potential legal risks of recommencing professional sport in a pandemic ravaged world 17 May 2020 Corrs Chambers Westgarth To print this article, all you need is to be registered or login on Mondaq.com.
ACCC gets a bigger stick: maximum penalty for breaching the Australian Consumer Law substantially increases | Lexology
Amidst the recent leadership chaos in Canberra, you could easily be forgiven for failing to notice that Parliament recently passed legislation which substantially increases the maximum pecuniary penalty that may be ordered under the Australian Consumer Law (ACL).
Decrypting Cyber Insurance: A Practical Framework for Organisations
Cyber security is an emerging risk area for the insurance industry. The threat of cyber-attacks is increasing and so too is the demand for cyber insurance. An attack can often result in major disruptions to service and business. It can lead to the theft of personal information from customers, while causing irreversible damage to a business’ reputation.
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