Criminalisation of Cartel Conduct a No Go

The Minister of Commerce and Consumer Affairs, Paul Goldsmith, recently announced that the proposed amendments introduced under the Commerce (Cartels and Other Matters) Amendment Bill 2011, regarding the criminalisation of cartel conduct, will no longer proceed.  The Minister came to the view that such sanctions risked a potential “chilling effect” on legitimate commercial activity, which [...]

Property Schemes under the FMCA

Most existing property syndicates or schemes that invest their assets in real property and are closed off to new investors will be considered managed investment schemes (MISs) under the Financial Markets Conduct Act 2013 (the FMCA), and will need to comply with the FMCA by 1 December 2016.  An MIS must have: a licensed manager; [...]

The Acid Test of Contract Law

It is common for parties to a contract to act without fully understanding or considering the contractual implications.  When this happens, a dispute can often ensue, and the parties to the contract may find that the terms of the agreement are not what they expected.  This situation arose in Savvy Vineyards 3784 Ltd v Arck [...]

April 4th, 2016|Categories: Legal Developments|Tags: , |