Implications of the Superleague case

Article Abstract:

The Australian Full Federal Court's decision in News Ltd. v. New South Wales Rugby League may have implications for other sports leagues or other businesses that enter into joint ventures. The Court found that two rugby leagues had violated the Trade Practices Act by using their market positions to boycott News Ltd. The Court also suggested that contracts with the rugby players were contracts for services, covered by the Trade Practices Act. Despite the ruling, joint ventures formed for purposes other than excluding particular persons or groups will probably comply with the Act.

Sports Teams and Clubs, Sports clubs, managers, & promoters, Professional Sports NEC, Joint ventures, Exclusive dealing agreements, Professional sports, Rugby football clubs, Rugby football teams

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Securing the rights of minority shareholders: the courts can do it without the need for statutory change

Article Abstract:

Resolutions of issues of shareholders' rights and the use of the business judgment rule in Australian company law should be sought in the the High Court rather than the Parliament. The New South Wales Supreme Court, in Mesenberg v. Cord Industrial Recruiters Pty., narrowly interpreted section 1324 of the Corporations Law, allowing only the Australian Securities Commission to seek a section 232 injunction. The Federal Court, in Air Peak Pty. v. Jetstream Aircraft Ltd., interpreted section 1324 more broadly. This conflict should be resolved by the courts not Parliament.

Other Justice, Public Order, and Safety Activities, Business Law NEC, Stockholder Suits, Commercial law, Stockholders' derivative actions, Shareholder lawsuits, Minority stockholders, Business judgment rule

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Editorial

Article Abstract:

Recent developments in Australian business law include the introduction of labor law changes, inactivity in corporate law reforms and case law focusing on tax planning and aboriginal rights. Proposed federal legislation would bring back secondary boycott laws and revise employee dismissal and collective bargaining laws. Debate surrounds the tax avoidance decision in Federal Commissioner of Taxation v. Spotless Services and the aboriginal land rights case, The Wik Peoples v. State of Queensland.

Tax planning, Labor unions, Indigenous peoples, Law reform, Legal reform

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