Latest publications
Google’s new AdWords policy means trade mark owners must be more proactive
In brief From 23 April 2013, Google will no longer prevent users of its AdWords programme from using another party’s registered trade marks as keywords in China, Hong Kong, Macau, Taiwan, Australia, New Zealand, South Korea, and Brazil. Whilst this brings Google’s AdWords policy into line with other jurisdictions worldwide…
Sexual Harassment case results in $100,000 awarded in damages
In brief — GLS v PLP (Human Rights) [2013] VCAT 221 A recent matter before the Victorian Civil and Administrative Tribunal (VCAT) has resulted in a large award of damages to a female graduate lawyer who was sexually harassed during her practical legal training placement. Background VCAT suppressed the identities of the parties, referring to the…
Employees having Children
In Brief When employees have children (either via them or a partner giving birth or through adoption) there are a number of consequences for the employment space. Under the Fair Work Act 2009 (Cth) employees can access unpaid parental leave and a number of other entitlements. There are also certain obligations for employers. Unpaid Parental…
Relationships Register in New South Wales — What you need to know
In Brief From 1 July 2010, couples in New South Wales are able to register their relationship with NSW Registry of Births, Deaths & Marriages. Who can register their relationship? All couples in a committed exclusive relationship can register, regardless of their gender. Neither party can be married or be in another relationship that is…
Family trusts after Bamford
On 30 March this year, the High Court dismissed the appeal by the Commissioner of Taxation against the decision of the Full Federal Court in the Bamford case. This is a landmark decision for trust law in Australia. This was the first time that the High Court had been approached to consider…
Guardianship Tribunal Applications — What you need to know
The Tribunal Pursuant to the Guardianship Act NSW 1987, the Guardianship Tribunal has the authority to appoint both Financial Managers and Guardians for people with decision-making disabilities. Prior to making any order in relation to Financial Management or Guardianship, the Tribunal will conduct a hearing. The hearing is an opportunity for the…
Raising the bar — trade mark opposition periods change
In Brief Changes to Australia’s intellectual property régime will come into full effect on 15 April 2013. These changes affect many of the processes and procedures for patent, design and trade mark protection. For trade mark owners, this will mean that the period within which a third party can oppose an accepted…
Employee or Contractor?
In Brief A recent decision of the Full Court of the Federal Court of Australia takes us further in the murky world of law concerning whether an individual is an employee or a contractor. This article explores the messages to be learnt from this case if you want to ensure that a relationship is…
What you were afraid to ask about Long Service Leave
In Brief Long service leave is an often overlooked and forgotten entitlement which rewards longer periods of service. This article provides an outline of this area and the key things to be mindful of. What is it? Long service leave is generally a statutory entitlement which employees accrue, based on length of service with…
Recognition of cross-border insolvencies in Australia
In brief Swaab lawyers Georgina King and Michelle Harpur discuss applications for recognition of foreign insolvency proceedings in Australia under the UNCITRAL Model Law on Cross-Border Insolvency. Since 2008, the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency (Model Law) has been in force in Australia pursuant to…