Tip top result goes stale: ACCC-v- Australian Safeway Stores Pty Ltd(No 2)

Bread, its constituents, its methods of manufacture and its price and availability to consumers can claim to be the leitmotiv of competition law, both ancient and modern. The inelasticity of demand for such a staple food explains laws against monopolies being included in the eighteenth century BC Code of Hammurabi, why corn laws exercised the minds of the Gracchi brothers in second century B.C. Rome, and why ineffective regulation of the price of bread was seen as an important precipitator of revolutions in Europe in the eighteenth and nineteenth centuries. In the common law the early restraint of trade case, Mitchell v Reynolds saw a parish wide five year non-competition clause in a contract for the sale of a bakery upheld as reasonable. In the post-Shennan Anti-Trust Act (1890) United States, attempts by manufacturers of macaroni to change its constituents because of the prevailing high price of durm wheat were held in National Macaroni Manufacturers Association v FCT) to constitute price-fixing, an offence illegal per se under American anti-trust law.

Lapsed prospecting rights : "the custodian giveth and the custodian taketh away"? Palala Resources (Pty) Ltd v Minister of Mineral Resources and Energy

The decision in Palala Resources (Pty) Ltd v Minister of Mineral Resources and Energy & others 2014 (6) SA 403 (GP) (‘Palala Resources’) brings clarity about the lapsing of a company’s prospecting right in terms of s 56(c) of the Mineral and Petroleum Resources Development Act 28 of 2002 (‘the MPRDA’) upon deregistration of the company, and highlights some of the features of a statutory prospecting right. Section 56(c) determines that a company’s prospecting right will lapse upon deregistration of the company if no prior application has been made, in terms of s 11(1) of the MPRDA, to the Director-General of the Department of Mineral Resources for consent to alienate or transfer the right (item 1 of the Ministerial delegation of 12 May 2004). The principles underlying the decision could also be applied to mining rights granted in terms of the MPRDA. By way of introduction, these rights are briefly sketched before the decision will be set out and discussed. It will be argued that the case shows that despite the public law nature of the MPRDA, there is the need for a proper private-law analysis of these statutory rights.

A shareholder’s contractual right to a dividend and a company’s oppressive conduct in withholding dividend payments: Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd

Traditionally, a shareholder’s expectation of receiving a dividend has been limited by the discretion the board of directors has to recommend the appropriate amount of payment as a dividend. As a general rule, shareholders will only be entitled to a dividend after the dividend is declared (normally, at the general meeting), or when the actual date arrives for the dividend to be paid. Because courts were traditionally reluctant to interfere with the internal management of companies, the remedies available to shareholders to compel a company to declare a dividend were very limited. As a result, if the directors have decided to withhold dividend payment, courts will only make an order requiring dividends to be paid under very exceptional circumstances. In this article, the authors discuss the case of Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd [2013] NSWSC 235, which is exceptional for the court’s recognition of a shareholder’s contractual right to a dividend. The article analyses the court’s approach, which found that withholding dividend payments was oppressive and unfairly prejudicial conduct of the company. It also discusses the significance of shareh9olders entrenching their rights in a company’s constitution, irrespective of the fact that a company has a statutory right to alter its constitution by way of a special resolution.

Mineral law and the doctrine of rights : a microscope of magnification?

The doctrine of rights has become part of private law jurisprudence. In this article the application of the doctrine in two decisions dealing with surface support in mineral law is examined. It is argued that the decision of Kriegler J in Elektrisiteitsvoorsieningskommissie v Fourie, namely, that the right to surface support is an entitlement, is more correct than Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd in which it was decided that the right to surface support is a competence. It is submitted that depending on the legal location of the entitlement in the relationship between owner and miner of land one may simply refer to either an owner's entitlement to surface support or a miner's entitlement to undertake opencast-cast mining.

Child focused and child inclusive family law dispute resolution : one year findings from a prospective study of outcomes

This prospective study compared outcomes over 1 year for two groups of separated parents, who attended mediation about their entrenched parenting disputes. The two treatments studied both aimed to improve the psychological resolution of parental conflict with associated reduction of distress for their children. The Child Focused intervention prioritised thought about the needs of children in high conflict divorce, but without any direct involvement of the children, while the Child Inclusive intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Measures were collected from parents and children prior to mediation commencing, and again three and twelve months after the conclusion of mediation. Significant and enduring reduction in levels of conflict and improved management of disputes occurred for both treatment groups in the year after mediation. Across all ages, children in both interventions perceived less frequent and intense conflict between their parents and better resolution of it, with a significant lowering of their related distress. The Child Inclusive intervention showed a number of independent effects not evident in the other treatment group, related to relationship improvements and psychological wellbeing. These effects were strongest for fathers and children. Agreements reached by the Child Inclusive group were significantly more durable and workable over the year, and these parents were half as likely to instigate new litigation over parenting matters in the year after mediation than were the Child Focused parents. The article considers possible mechanisms of change underpinning these outcomes.

Law-and-order politics, public-opinion polls, and the media

Over the past two decades, considerable political rhetoric has focused on the need to get tough on crime. Justification for this hard-line approach has been the public's apparent concem about rising crime rates and its increasing dissatisfaction with criminal sentencing. In this paper, we consider characteristics both of the measurement of public opinion and of the influences upon public opinion that may contribute to the depiction of a fearful, punitive community. In particular, we identify sources of bias in the methods and contexts of opinion-polling that promote a distorted representation of the discrepancy between community expectations of sentencing and the practices of the judiciary. We argue that the practices of pollsters, politicians, and media combine to create a self-sustaining obstacle to considered community discussion of crime and criminal sentencing.

Law schools told to leap into social media learning

Law schools should use social media websites such as Twitter and Facebook, and blogs to strengthen ties with students and keep them more engaged with their studies, argues an Australian academic research paper.