Kinsman Legal provides legal services specialising in trade remedies (also known as anti-dumping), administrative law, economic regulation, competition and consumer law, contracts and litigation.
Anti-dumping (also known as trade remedies)
Anti-dumping law arises from Australia's membership of the World Trade Organisation (WTO) and the enactment into domestic Australian law of the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (often called the Anti-Dumping Agreement).
The Anti-Dumping Agreement (and enabling domestic legislation) allows Australia to impose import duties if, following investigation, an exporter to Australia is found to have "dumped" goods in Australia (ie sold goods for less in Australia than it sells the goods in its home market). This “dumping” must have caused material injury to an Australian industry.
Kinsman Legal is available to assist Australian industry, Australian based importers and exporters to Australia in the Americas, Europe, Africa and South East Asia.
Administrative law
Administrative law is the general body of law that regulates the functions and decisions of government entities and agencies. From a public law perspective, administrative law provides checks on the power of the executive branch of government.
An important aspect of administrative law is the supervision of government action by the courts through “judicial review”. The Australian Federal Court has the power to review the actions of government entities and agencies under section 39B of the Judiciary Act 1903 and the Administrative Decisions (Judicial Review) Act 1977 (commonly called the ADJR).
In dealing with any government agency or decision maker, it is important strategically to maintain and regularly review your options to seek judicial review. Principal lawyer, David Peters, has substantial experience in judicial review in the Australian Federal Court.
Competition and consumer law
Competition and consumer law protects consumers.
Competition law protects consumers by ensuring suppliers compete in the markets they supply – this is done by prohibiting mergers or agreements between competing suppliers that impact competition. Some agreements, such as price fixing (cartel conduct), are presumed by the law to impact competition.
Consumer law protects consumers more directly by ensuing suppliers don’t deceive consumers and provide basic guarantees to consumers for the goods or services supplied. Consumer law displaces the common law rule of “buyer beware”.
Economic regulation is typically competition and/or consumer law that is targeted at specific industries. These are usually industries that have issues not addressed by general competition law (for example, natural monopolies).
In Australia, competition and consumer law (and most economic regulation) are investigated and prosecuted by the Australian Competition and Consumer Commission (ACCC). David Peters is a solicitor with substantial experience working with the ACCC (both for the ACCC and for private clients in ACCC prosecutions and investigations).
Kinsman Legal - where you are
David Peters, principal lawyer at Kinsman Legal, is available where you are. David's legal practice spans Australia and the globe. Whether you're based in Melbourne, Sydney, Perth, Singapore, Manila, Mexico City, Nairobi, New York or London, David can attend to discuss your matter face to face.