When Silence Becomes a Legal Right

A court cannot force someone to speak simply because disclosure would make a case easier to run. In Crown Resorts Ltd v Zantran Pty Ltd [2020] FCAFC 1, the Full Court confirmed that confidentiality remains a legal right unless shown unlawful, and that efficiency in litigation cannot override substantive rights. This case explains why structural boundaries matter in the justice system and what Australians should understand about confidentiality, fairness and proper legal process.

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When a Licence Almost Took a Brand Away From Its Owner

A licensing agreement for cheddar and butter was later argued to stop Bega from using its own name on new products. In Fonterra v Bega (2021), the Court confirmed the licence extended only to the products it defined. The decision highlights the power of precise wording in determining who controls a brand’s growth.

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Australian Law, Banking & Finance, Consumer Contracts, Power & Fairness Legal Liaison Ltd t/as Clean Law Australian Law, Banking & Finance, Consumer Contracts, Power & Fairness Legal Liaison Ltd t/as Clean Law

When a $3 Cost Became a $35 Fee, and the Law Still Allowed It

A missed credit card payment cost the bank about $3, but the fee was up to $35 — and the High Court upheld it. In Paciocco v ANZ (2016), the Court confirmed that a charge is lawful if it protects a legitimate commercial interest, even when it exceeds actual loss. The case shows why fairness depends on structure, not assumption.

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