In this third fireside chat I discuss the topic of restraint of trade. Our cartoon reminds us that the doctrine can apply to those who earn money from sport, especially when any restriction is imposed upon players rather than negotiated with them. We review the doctrine from a time when all restraints were void, through to the recognition that this should be only a presumption, and that reasonable restraints should be enforced. We note the TPA preserves a concurrent if limited role for the doctrine, but that at least one member of our current High Court believes the doctrines days’ should be numbered. (See Callinhan J at paras 90-97 in Maggbury Pty Ltd v Hafele Australia Pty Ltd [2001] HCA 70 )

This fireside chat concludes by discussing the contrasting fortunes of Shane Warne and an elite Australian netballer, Natalie Avellino, and the successful challenge of a restraint of trade by the latter leading to a continuation of her career with the Adelaide Thunderbirds.

Listeners are left to make their own enquires concerning Shane Warne.

Click here to listen to the fireside chat.

In this second podcast I review Topic 1 in MLL 409-Competition Law and Policy, concentrating particulalry on historical factors leading to a comprehensive statutory regime in the USA and the reasons for the slow arrival of competition law in Australia.

I also discuss both the central cartoon for this unit and the cartoon for topic 1 and the concept of barriers to entry in relation to the EFTPOS payment system.

Click here to listen to the fireside chat.

This fireside chat (podcast - see here for an introduction) is the first in a series of weekly podcasts delivered by me, John Carmichael, as a supplementary resource in the subject MLL409 - Competition Law and Policy.

As Deakin Law students will know, MLL409 is the School of Law’s designated wholly online unit. The purpose of the podcasts is to comment on and clarify important concepts in the subject and to provide an extra learning channel.

For example, while this podcast is largely introductory, you will find commentary on contemporary issues such as the proposed merger of Universities in WA.

Click here to listen to the podcast or visit the help linked to on the right to understand how you can automatically receive these podcasts.

Welcome to fireside chats!

This site is part of the resources you’ll be using for MLL409 - Competition Law. Each week John Carmichael will post a ‘podcast’ related to the weekly topics and dealing with any issues or questions that you might have.

It’ll be an audio recording, about 20 minutes long and *extremely valuable* for all competition law participants!

You can subscribe to these either through email (and then listening to them on your computer) or as podcasts which you can listen to on your mp3 player (here’s how you can do that.)

You can also discuss topics with John using the ‘comments’ form for each post.

We hope you will enjoy using Fireside chats and find them to be a useful resource and learning experience!