• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


On 18 October 2017, the Government passed the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 (the Bill). The Bill will make several amendments to the Competition and Consumer Act 2010 (the Act), with the most significant change being to third line forcing.


The current law provides that third line forcing is per se prohibited, meaning that it is prohibited no matter what its effect on competition. Under the Bill, third line forcing will only be prohibited where it has the purpose, effect or likely effect of substantially lessening competition. The Bill will also no longer require a party who intends to engage in third-line forcing to notify the ACCC.

What is Third Line Forcing?

Third line forcing occurs where a business will only supply goods or services, or give a certain price or discount on the condition that the purchaser buy goods or services from a particular third party. The refusal to supply the goods or services without the parties agreeing to the above condition also constitutes third line forcing. An example of third line forcing may be where a sale of business is conditional on the purchaser obtaining the required finance from a financial institution specified by the other party.

Substantially Lessening Competition

When looking at whether conduct has the purpose, effect or likely effect of substantially lessening competition, one must look at the conduct that has already occurred as well as the proposed conduct.

In assessing the conduct that has already occurred, one should apply the ‘Dandy Power Test’ which was established by Smithers J in Dandy Power Equipment Pty Ltd v Mercury Marine Pty Ltd [1982] FCA 178. Smithers J stated that you must look at the “relevant significant portion of the market… and ask how and to what extent there would have been competition therein but for the conduct, assess what is left and determine whether what has been lost in relation to what would have been, is seen to be a substantial lessening of competition.

In assessing whether the proposed conduct has the purpose, effect or likely effect of substantially lessening competition, one must consider the state of the future market both with and without the conduct occurring.

Other Amendments

In addition to the above amendments, other significant amendments will include:

  • Including goods that are imported or capable of being imported or services that are rendered or capable of being rendered in Australia into the definition of ‘competition’;

  • increasing the maximum penalty for breaches of the secondary boycott provisions; and

  • permitting a corporation or person to notify the ACCC of conduct relating to resale price maintenance.

Although the amendments are not yet in force, the ACCC expects that this may occur within the next few weeks. The ACCC has also established a Substantial Lessening of Competition Unit which will release guidance on the new provisions and aid with compliance of the new laws.

For further information on the amendments or how they will impact your business, please contact Alex Martin on 9481 2000 or alex@tauruslawyers.com.au.

Posted by Taurus Legal Management