Gilbert + Tobin Lawyers

G+T named as finalist in the 2012 BRW Client Choice Awards

smorris — Wed, 15 Feb 2012 00:50:11 +0000

G+T has been named as a finalist in the following four categories:

Attribute Awards – Most Friendly Firm and Most Innovative Firm.

Professional Awards – Best Law Firm (Revenue between $50 million and $200 million).

Specialist Awards – Best Firm as Rated by the C-Suite (CEO’s, CFO’s and COO’s) and Best Firm Rated by the ASX Top 100.

Sector Awards – Best Firm Rated by the IT & Telecommunications Sector.

The awards are compiled by Beaton Research and Consulting. The nominations are based on interviews with clients who evaluate service provided by professional service firms across a number of categories. Gilbert + Tobin won “Best Provider rated by the Finance and Insurance Industry” last year.

Managing Partner, Danny Gilbert said, “We are delighted that Gilbert + Tobin has been recognised as a leader in the industry. We always strive to provide outstanding client service, so it’s gratifying to be recognised for doing that.”

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact

Kersten Norlin
Gilbert + Tobin
Tel: +61 2 9263 4402
Fax: +61 2 9263 4111
Email: knorlin@gtlaw.com.au

AD Space: State of the M&A Nation

lmcilwain — Tue, 14 Feb 2012 03:55:14 +0000

Gilbert + Tobin moves Reliance Rail PPP back on track

jamos — Thu, 09 Feb 2012 23:47:54 +0000

Banking + Finance Partner John Schembri led the team, assisted by Alexander Danne, Dominic Emmett, Caroline Mathie, Nicholas Feinberg and Stuart Cormack from the Banking + Finance group, Colleen Platford and Crispian Lynch from the Litigation group and Hiroshi Narushima and Kate Merrifield from the Corporate Advisory group.

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media Contact

Jenny Williamson
Gilbert + Tobin
Tel: +61 2 9263 4104
Fax: +61 2 9263 4111
Email: jwilliamson@gtlaw.com.au

Dominance 2012 – Eighth Edition

lmcilwain — Sun, 22 Jan 2012 23:58:37 +0000

The Australian chapter of Dominance 2012 was published as part of the Getting the Deal Through series. Accreditation: Reproduced with permission from Law Business Research Limited. This article was first published in Getting the Deal Through – Dominance 2012, (published in December, 2011; contributing editors Thomas Janssens and Thomas Wessely, Freshfields Bruckhaus Deringer). For further information please visit www.GettingTheDealThrough.com.

Draft price signalling regulations just released for consultation

lmcilwain — Fri, 23 Dec 2011 04:59:01 +0000

The Parliamentary Secretary to the Treasurer, David Bradbury, has today released the proposed price signalling regulations for consultation. After much debate, the Government's Competition and Consumer Act Amendment Act (No 1) 2011 was recently passed to prohibit price signalling and other information disclosures, as prescribed by regulation.

Four new partners announced at Gilbert + Tobin

lmcilwain — Thu, 22 Dec 2011 01:23:11 +0000

Chris Flynn, one of Australia’s leading energy and resources specialists, will join the firm’s Corporate Advisory group and Alexander Danne, a project finance specialist, will join the Banking + Finance Group. Also being promoted to the firm’s partnership are David Clee, a mergers and acquisitions lawyer in the Corporate Advisory group, and Paula Gilardoni, a competition law and regulatory lawyer in the Competition + Regulation group.

Managing Partner, Danny Gilbert said, “The firm continues to focus on client excellence and growing our expert Energy + Resources and strategic transactional practices. We are very pleased to have Chris, Alexander, David and Paula join the partnership as each of them will make valuable contributions to the firm.”

Chris Flynn

Chris specialises in a broad range of corporate transactions in the energy sector, including acquisitions, divestments, listings, debt facilities, structured and project financings, restructurings, and joint ventures. He has advised clients around the world in oil and gas, petrochemicals, renewable power, non-renewable power, political risk, energy security and public international law.

Alexander Danne

Alexander specialises in project finance, PPPs and infrastructure finance, property finance, syndicated finance, and acquisition and leveraged finance work.

David Clee

David joined the firm in 2007 and specialises in mergers and acquisitions with a particular expertise in listed company takeovers, schemes of arrangement and trust schemes. David also advises on private M+A transactions, capital raisings and corporate restructurings.

Paula Gilardoni

Paula joined the firm in 2003 and provides advice in competition law and regulatory matters including ACCC investigations and merger clearances. She also has wide-ranging experience advising clients in the payments industry.

Please click here for the biographies and contact details for our new partners.

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact

Kersten Norlin
Gilbert + Tobin
Tel: +61 2 9263 4402
Fax: +61 2 9263 4111
Email: knorlin@gtlaw.com.au

Security of Payment and Christmas Shutdown – A Timely Reminder

lmcilwain — Wed, 21 Dec 2011 04:02:44 +0000

The Christmas shutdown period can cause a lot of claimants under the Building and Construction Industry Security and Payment Act (1999) NSW (the Act) to gain the upper hand by serving a payment claim when people are no longer in their office.

Homepage Banner 6 – Euromoney

jamos — Tue, 20 Dec 2011 07:16:15 +0000

Gilbert + Tobin takes win for women in business law

jamos — Tue, 20 Dec 2011 06:40:54 +0000

The firm was recognised for having a high ratio of female to male partners, as well as diversity measures like Gilbert + Tobin’s Women @ G+T program. The program includes a range of initiatives specifically designed to inform, support and inspire women at all levels of the firm. Gilbert + Tobin has also received an EOWA citation as an employer of choice for women for the last two consecutive years which was looked on favourably by the judges.

Competition + Regulation Partner Gina Cass-Gottlieb was recognised for being an influential and leading professional in her field of competition law as a result of her professional accomplishments, advocacy, influence and community involvement.

Corporate, Communications + Technology partner Sheila McGregor was a finalist for the Best Lawyer in TMT award and the firm was also a finalist for Best National Firm for Women in Business Law.

Managing Partner, Danny Gilbert said, “We are extremely pleased that Gilbert + Tobin has been recognised with these awards for its contribution to supporting women in law, particularly given the stiff competition from across the Asia Pacific region. Congratulations to Gina and Sheila for being outstanding role models and leaders in their respective fields.”

The Euromoney Asia Women in Business Law Awards celebrate the achievements of women leading the field in the legal sector across Asia.

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact

Kersten Norlin
Gilbert + Tobin
Tel: +61 2 9263 4402
Fax: +61 2 9263 4111
Email: knorlin@gtlaw.com.au

Electricity Regulation 2012

lmcilwain — Tue, 20 Dec 2011 00:03:33 +0000

Please click here to access the Australian chapter of Electricity Regulation 2012, that presents an overview of the government policy and legislative framework for the electricity sector in Australia. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Electricity Regulation 2012, (published in November, 2011; contributing editor: Earle H O’Donnell, White & Case LLP). For further information please visit www.GettingTheDealThrough.com.

Gilbert + Tobin secures a significant win for Primary Health Care company

jamos — Fri, 16 Dec 2011 03:40:19 +0000

The case was brought by Symbion, claiming trade mark infringement and breach of contract by Idameneo. Symbion alleged that Idameneo’s use of its logo (pictured below) amounted to trade mark infringement and breached a trade mark licence prohibiting Idameneo from using a trade mark “similar to or capable of being confused with” a mark Idameneo had previously sold to Symbion (also pictured below).

Having succeeded in defending the trade mark infringement claim at first instance, Idameneo appealed against a finding that it had nevertheless breached the trade mark licence and would have to rebrand its diagnostic imaging business.

The case has been closely followed by trade mark lawyers, because it raised a key issue concerning the standard of proof of the likelihood of deception and confusion, where a brand was not directed to the general public, but instead used in a specialised market.

The Full Court unanimously upheld Idameneo’s appeal, finding that Idameneo’s mark was not similar to Symbion’s mark and that there was no evidence that, in the distinct and specialised markets in which they are used, the marks would be confused or mistaken for each other.

Primary was represented by Gilbert+Tobin IP partner Siabon Seet and lawyers Rebecca Dunn and Matt Mackenzie.

Idameneo mark

Symbion mark

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact

Katarina Zlatar
Business Development Manager
Gilbert + Tobin
Tel: +61 2 9263 4344
Fax: +61 2 9263 4111
Email: kzlatar@gtlaw.com.au

Analysis – ANZ Bank Class Action

lmcilwain — Fri, 16 Dec 2011 03:00:36 +0000

Click here to listen to partner Rani John discuss the Federal Court’s preliminary decision on 5 December 2011, regarding the bank fee class action against ANZ.

Court penalises Harvey Norman for misleading catalogue and website

jamos — Mon, 12 Dec 2011 06:42:44 +0000

On 8 December 2011, the Federal Court has ordered that Harvey Norman pay a pecuniary penalty of $1.25 million for contraventions of the Trade Practices Act (TPA) and the Australian Consumer Law (ACL).

November Corporate Advisory Update

lmcilwain — Thu, 08 Dec 2011 23:48:41 +0000

This update provides a summary of key recent legal developments, particularly relevant to in-house counsel, on Legislation and proposed legislation, ASIC, ASX and Cases.

When is a fee a penalty? Breach of contract is key

jamos — Thu, 08 Dec 2011 02:45:10 +0000

The Federal Court has delivered its much anticipated first decision in the class action commenced by a number of customers against ANZ. In the case, the customers claim a number of bank fees are unenforceable "penalties" which ANZ should repay.

Knockoff or fair game?

lmcilwain — Tue, 06 Dec 2011 05:37:56 +0000

Most attempts to rely on actions under the misleading and deceptive conduct provisions of the Trade Practices Act or Australian Consumer Law or the tort of passing off to prevent copying of product designs have been unsuccessful, at least where the knockoff products bore differentiating brands from the original. The recent Full Federal Court case of Bodum v DKSH Australia Pty Limitedi (Bodum), which found that copying a plunger design was misleading and deceptive conduct, has been hailed by many as indicating that the tide is turning in favour of designers.

Bitter Pill for Apple in the Tablet War: Key case when considering taking on your competitor

lmcilwain — Fri, 02 Dec 2011 05:49:55 +0000

On 30 November 2011, the Full Federal Court discharged the injunctions granted by the primary judge on 14 October 2011 which prevented Samsung from launching its Galaxy Tab 10.1 tablet computer in Australia. The injunction prevented Samsung from launching its products in the crucial Christmas trading period and was likely to effectively prevent the particular current version of the product being launched in Australia.

Court affirms green light on $250 million Metcash acquisition

lmcilwain — Wed, 30 Nov 2011 23:14:07 +0000

The Full Court of the Federal Court of Australia dismissed the ACCC's appeal from Emmett J's decision in Australian Competition and Consumer Commission v Metcash Trading Ltd [2011] FCA 1079, in effect giving Metcash the green light to complete its $215 million acquisition of Franklins.

Material adverse change conditions in an increasingly uncertain world

lmcilwain — Tue, 29 Nov 2011 23:44:59 +0000

Recent times have been challenging to say the least.

ASIC relents on celebrity photo bans and ASX asks for criminal background checks on directors – recent developments affecting companies proposing to list

lmcilwain — Tue, 29 Nov 2011 23:36:36 +0000

ASIC’s new guidance on prospectus disclosure

On 10 November 2011, ASIC released Regulatory Guide 228 Prospectuses: Effective disclosure for retail investors (RG 228) following industry consultation on draft guidance set out in Consultation Paper 155 (CP 155)1. The new regulatory guide contains the most comprehensive guidance provided to date by ASIC on how it will interpret the requirement that prospectuses be “clear, concise and effective”.

Revised ASIC policy on downstream acquisitions: The path is becoming clear but no less treacherous

lmcilwain — Tue, 29 Nov 2011 23:27:54 +0000

In our April edition of M&A Perspectives we discussed some recent Takeover Panel cases (eg ACS/Hochtief/Leighton) and some interesting potential transactions (CGNPC Uranium/Kalahari/Extract) concerning downstream acquisitions.

Meeting expectations – how much information do you need to give shareholders about resolutions?

jamos — Tue, 29 Nov 2011 03:06:19 +0000

Meeting expectations – how much information do you need to give shareholders about resolutions?

lmcilwain — Tue, 29 Nov 2011 03:02:10 +0000

In the recent Federal Court decision of Stratford Sun Limited v OM Holdings Limited [2011] FCA 1275, a shareholder of OM Holdings Limited (OMH), Stratford Sun Limited (SSL), unsuccessfully claimed that meeting materials provided by OMH in relation to a global offering of OMH shares and proposed dual listing of OMH on the Hong Kong Stock Exchange (HKSE) were misleading and in breach of the ASX Listing Rules. The Court's decision offers some useful guidance on the level of disclosure required in meeting materials for share offerings, particularly where allottees have not been identified at the time of the offer. Click here to read the key messages for companies and advisers.

Senate passes creeping acquisitions amendment to Competition and Consumer Act

lmcilwain — Tue, 29 Nov 2011 02:57:46 +0000

On 25 November 2011, the Senate passed the Competition and Consumer Legislation Amendment Bill 2011 (the Bill) without amendment. Senator Xenophon moved proposed amendments to the Bill but they were not agreed.

Price signalling bill passes Senate with no amendments

jamos — Fri, 25 Nov 2011 04:26:06 +0000

On 24 November 2011, the Senate passed the Competition and Consumer Amendment Bill (No. 1) 2011 (Bill) with no amendments. The Bill will amend the Competition and Consumer Act 2010 to prohibit anti-competitive price signalling and will commence 6 months after it receives Royal Assent.

Two strikes….and you’re out?

lmcilwain — Thu, 24 Nov 2011 00:33:11 +0000

The two strikes rule has garnered considerable press coverage during the recent AGM season – the first since the introduction of the rule (discussed in our 23 June 2011 update).

G+T appoints two new partners

jamos — Thu, 17 Nov 2011 02:52:24 +0000

Dominic Emmett, one of Australia’s leading corporate restructuring specialists, will lead the firm’s Restructuring + Insolvency group in Gilbert + Tobin’s Sydney office.

Dr Kate Harrison, a long-time partner of the firm, has returned to G+T’s Litigation and Intellectual Property group after working in government for the last few years.

Kate was most recently a senior adviser with Prime Minister Gillard, after holding positions advising the Defence Minister and the Cabinet Secretary. Her roles in Government included advising on areas of legal policy, parliamentary matters, defence issues, freedom of information and privacy issues.

Managing Partner, Danny Gilbert said, “I know what a great contribution each of these partners will make to our client relationships and the continued success of our firm.”

Please click here for the biographies and contact details for our new partners.

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact

Kersten Norlin
Head of Marketing & BD
Gilbert + Tobin
Tel: +61 2 9263 4402
Fax: +61 2 9263 4111
Email: knorlin@gtlaw.com.au

Senate passes clean energy legislation

lmcilwain — Tue, 08 Nov 2011 01:42:22 +0000

On 8 November 2011, The Senate passed the Government's Clean Energy Legislation without any amendments. Australia now has (after months of parliamentary debate and inquiries) a statutory 'carbon pricing mechanism' to regulate carbon emissions. The 'carbon pricing mechanism' will commence on 1 July 2012 with the starting price for carbon emissions fixed at $23 a tonne.

G+T plays key role in the creation of Evolution Mining

jamos — Thu, 03 Nov 2011 03:13:15 +0000

The transaction was implemented yesterday following overwhelming support from Conquest and Catalpa shareholders at meetings held on 14 October 2011. Evolution Mining has five wholly owned gold projects and a pro forma market capitalisation of more than $1 billion. Newcrest will be the largest shareholder in Evolution Mining, with a 38 percent interest in the company.

Corporate Advisory Partner, Tony Bancroft, led the team, assisted by Lawyer Alex Kauye and supported by a number of other lawyers across the firm. Gilbert + Tobin worked closely with Conquest over several months on the complex transaction.

Tony Bancroft said, “This is a wonderful result for Conquest and is testament to the huge effort their team has contributed to the transaction. We are delighted to have advised Conquest on such a significant transaction for the company and look forward to continuing to work with Evolution Mining on its proposed capital raising.”

Gilbert + Tobin is advising Evolution Mining on a proposed entitlement offer to raise approximately $150 million.

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact

Jenny Williamson
Gilbert + Tobin
Tel: +61 2 9263 4104
Fax: +61 2 9263 4111
Email: jwilliamson@gtlaw.com.au

Gilbert + Tobin to host Asylum Seekers Centre Q&A – ‘Seeking Justice’

jamos — Wed, 02 Nov 2011 05:19:39 +0000

The event will feature a panel of speakers: The Hon. Catherine Branson QC, John Menadue AO and Professor Louise Newman AM, who will address topics ranging from the recent High Court ruling to the need for Australian policy makers to show leadership on this issue.

For more information on the event, and how to purchase tickets or to make a donation, click here.

C+R Monthly Roundup – August/September 2011

lmcilwain — Mon, 31 Oct 2011 23:43:12 +0000

This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.

M+A Perspectives – October 2011

lmcilwain — Sun, 30 Oct 2011 23:18:26 +0000

In this month's edition we consider the state of play in LBO finance markets, recent changes to ASIC's regulatory guidance on schemes of arrangement and a recent judicial decision which provides guidance on the ability of responsible entities to unilaterally amend scheme constitutions.

State of play in LBO finance markets

lmcilwain — Sun, 30 Oct 2011 23:15:51 +0000

The ongoing fragility of the global economic recovery and credit markets has continued to restrain deal flow in the Australian private equity market in 2011.

Managed investment schemes update: constitutional amendment power confirmed

lmcilwain — Sun, 30 Oct 2011 23:10:44 +0000

The Corporations Act 2001 (Cth) (Corporations Act) permits the responsible entity (RE) of a registered managed investment scheme to unilaterally amend the scheme's constitution if the RE reasonably considers that the change will not adversely affect members' rights.

ASIC updates guidance on schemes of arrangement

lmcilwain — Sun, 30 Oct 2011 23:00:11 +0000

On 22 September 2011, ASIC published its revised Regulatory Guide 60 (RG 60) that outlines its approach to schemes, following industry consultation and an internal policy review since the last update in 2009.

October Corporate Advisory Update

lmcilwain — Wed, 26 Oct 2011 23:49:36 +0000

This update provides a summary of key recent legal developments, particularly relevant to in-house counsel, on Legislation and proposed legislation, ASIC, ASX and Cases.

Biennial Copyright Symposium kicks off in Sydney

jamos — Wed, 26 Oct 2011 04:39:06 +0000

Students currently enrolled in NSW or the ACT were eligible to enter, and entrants were asked to submit a 200 word synopsis on a copyright topic of their choice. Three finalists made their presentations to a judging panel comprising of Caroline Morgan, President, Copyright Society of Australia, The Hon. Kevin Lindgren and independent judge The Hon. Arthur Emmett. The winner, Wellet Potter, received $2,000, and a further $2,000 was donated to the University of New England. The prize will be used to further student research into copyright issues.

Gilbert + Tobin Litigation and IP Practice Group Head, Michael Williams, said, “the Biennial Copyright Symposium is a significant event, providing a forum to discuss key developments in copyright law reform and the associated challenges faced in the digital age. We are pleased to have hosted the Kevin Lindgren Prize, which brought together a wealth of talent in the field of copyright, and we are proud to have the opportunity to encourage students passionate about copyright to continue their study in this important area.”

The 15th Biennial Copyright Law & Practice Symposium 2011 was held on 13 – 14 October 2011 at The Australian National Maritime Museum. The event brought together leading industry thought leaders to raise awareness around significant developments in copyright laws and the implications to rights holders.

Click here to see a photograph of the winner.

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact

Katarina Zlatar
Gilbert + Tobin
Tel: +61 2 9263 4344
Fax: +61 2 9263 4111
Email: kzlatar@gtlaw.com.au

Proposed amendments to Hong Kong’s Competition Bill

lmcilwain — Wed, 19 Oct 2011 22:59:00 +0000

The Hong Kong Government has announced a package of proposed amendments to the Competition Bill (Bill) to address concerns from the business community, especially SMEs. The Secretary for Commerce and Economic Development Greg So will brief the Legislative Council (LegCo) Competition Bill Committee (Bills Committee) on the amendments next Tuesday, 25 October 2011.

The International Investigations Review – October 2011

lmcilwain — Mon, 10 Oct 2011 00:48:58 +0000

The past year has seen important decisions and developments in a number of areas affecting investigations and enforcement action taken by Australian regulators. The Australian Chapter of the inaugural International Investigations Review outlines significant changes in enforcement matters in Australia. Reproduced with permission from Law Business Research Ltd.

Gilbert + Tobin appoints banking and finance partner

jamos — Fri, 07 Oct 2011 00:57:46 +0000

Alexander specialises in project finance, PPPs and infrastructure finance, property finance, syndicated finance, and acquisition and leveraged finance work.

Managing Partner, Danny Gilbert said, “We are very pleased to have Alexander join the firm and continue the expansion of our expert, and very busy, Banking + Finance practice. His extensive experience in all relevant aspects of banking and finance will make Alexander a terrific addition to the firm.”

More information

For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact

Jannette Amos
Gilbert + Tobin
Tel: +61 2 9263 4141
Fax: +61 2 9263 4111
Email: jamos@gtlaw.com.au

Bad faith update – same old song?

lmcilwain — Thu, 06 Oct 2011 03:13:25 +0000

In 2006, the Trade Marks Act was amended to include a new grounds of opposition to a trade mark application where "the application was made in bad faith" under section 62A. It was thought that the new ground might cater for situations where opponents otherwise had no remedy, including deliberate misappropriation of overseas marks (where the opponent could not establish a reputation in Australia for the purposes of section 60), bad faith use of marks which were not sufficiently similar to marks in which opponents could claim rights, or bad faith use of marks for different goods/services to those of the trade mark owner.

Are you protected? Australian design law’s traps for new and overseas-based players

lmcilwain — Thu, 06 Oct 2011 03:11:31 +0000

A recent case has again demonstrated that Australian product design protection law is notoriously complex, and that designers should seek expert advice on design protection before putting a product on the market.

Ad space: Directors’ Duties: Where do we go now?

jamos — Wed, 05 Oct 2011 06:38:33 +0000

Efficiently contracting next generation technologies – solving for the unknown and near field communications

jamos — Wed, 05 Oct 2011 06:25:59 +0000

Click here to listen to emerging technologies partner Ken Saurajen discuss contracting strategies for new innovations and Near Field Communications (NFC).

M+A Perspectives – September 2011

lmcilwain — Thu, 29 Sep 2011 22:46:54 +0000

In this month's edition we consider the composition of classes for schemes of arrangement, the recent run of 'hostile' bids and issues relating to them and the recently announced changes to the foreign investment approval process for the acquisition of mining exploration projects by SOEs.

Schemes of Arrangement: the Question of ‘Class’

lmcilwain — Thu, 29 Sep 2011 22:44:45 +0000

One of the most difficult issues that arises in a scheme of arrangement (whether used to acquire control of a company or to effect a demerger) is the determination of whether any group of shareholders should be treated as a separate class for the purpose of voting on the scheme.

War then peace: seizing control when playing nice just doesn’t work

lmcilwain — Thu, 29 Sep 2011 22:36:40 +0000

In recent times, we have seen a number of high profile bids announced without the support of the target company. The most notable of these are the current bids for Macarthur Coal and Foster's. Traditionally, these have been known as 'hostile' bids. However, bidders nowadays are sure to distance their bid from any suggestion of hostility, with public statements focusing on delivering value to target shareholders and emphasising a willingness to work with the target to successfully execute the bid.

Foreign investment in exploration and development projects – shifting the goal posts for SOEs

lmcilwain — Thu, 29 Sep 2011 22:36:12 +0000

In a recent press interview the Federal Treasurer, the Honourable Wayne Swan MP, announced a significant departure from the existing policy in respect to the investment by SOEs in Australian mining exploration companies.

Google wins alleged misleading advertising case

lmcilwain — Tue, 27 Sep 2011 03:24:46 +0000

The Australian Competition and Consumer Commission (ACCC), brought a case against Google Inc and Trading Post alleging that they had engaged in misleading or deceptive conduct in connection with the publication of sponsored links on Google's search results pages in contravention of s 52 of the Trade Practices Act 1974 (Cth) (TPA). An equivalent provision to s 52 of the TPA is now found in s 18 of the Australian Consumer Law (ACL).

Gilbert + Tobin successfully defends Google in landmark proceedings brought by the ACCC

jamos — Thu, 22 Sep 2011 08:47:45 +0000

The ACCC commenced the action in 2007 in what they said was the first claim of its kind in the world.

The Federal Court handed down its decision today in Google’s favour, dismissing all claims against Google.

Litigation partners Colleen Platford and Andrew Floro led a team of lawyers including Graeme Edgerton, Simon Burnett, Kate Meikle and Matt Mackenzie to represent Google throughout the case.

More information
For further information on Gilbert + Tobin, please visit www.gtlaw.com.au

Media contact
Katarina Zlatar
Business Development Manager
Gilbert + Tobin
Tel: +61 2 9263 4344
Fax: +61 2 9263 4111
Email: kzlatar@gtlaw.com.au