Latest publications
Ad regulator determines that social media campaigns must comply with ad requirements
In brief The Advertising Standards Bureau, the advertising regulator, has found that the VB Facebook pages are advertisements and subject to the AANA Code of Ethics. Our Commercial and IP & Technology Team looks at the recent decisions of the ABS and how this affects businesses with any social media presence…
New Zealand signs up to international treaty making trade mark protection easier
In Brief An important new development for trade mark protection in New Zealand comes into effect on 1 December 2012. We look at what this means for businesses seeking brand protection in New Zealand. In an important new development for Australian businesses seeking registered trade mark protection for their brands in New…
Watching the footy from the cloud
Optus TV Now – Federal Court Copyright Judgment Stands In brief Optus’ footy wars over its ‘TV Now’ service have been brought to an end with the refusal of its application seeking leave to appeal to the High Court. Our Commercial and IP & Technology Team looks at what this means for providers…
New Workplace Laws — Fair Work Amendment Bill 2012
In Brief After being recently passed by the House of Representatives, the Fair Work Amendment Bill 2012 is currently being considered by the Senate’s Education, Employment and Workplaces Relations Legislative Committee, with a reporting date of 26 November 2012. The Bill was drafted in response to the Fair Work Act Review completed…
Surveillance in the Workplace
In Brief New South Wales is one of the few Australian states which has dedicated legislation addressing surveillance in the workplace. The Workplace Surveillance Act 2005 (NSW) (the Act) deals with camera, computer and tracking surveillance. The Act provides that in some circumstances employers can surveil employees with their knowledge (overt…
Payment for Standing By
In Brief Many industrial awards provide that employees are entitled to payment for “standing by” – ie periods of time where they are not at work but must be ready to be called in to work. A recent Federal Court of Australia decision held that an employer owed four electricians for time “standing…
Strata and Community Title Reform in NSW
The NSW Government has released a discussion paper and has sought feedback and comments regarding proposed reform to the strata and community scheme laws. A summary of some of the key discussions points is below: We have more than 70,000 strata and community title schemes worth an estimate of $350 billion in total assets…
When Competitors Steal Staff There Are Legal Consequences
In Brief A competitor can be made to pay when they poach employees and then harvest confidential information those employees have. In the recent decision of Wilson HTM Investment Group Limited & Ors v Pagliaro & Ors [2012] NSWSC 1068, Justice Bergin in the New South Wales Supreme Court determined that information of the revenue levels…
Breach of an employer’s duty of mutual trust and confidence
In brief In Barker v Commonwealth Bank of Australia [2012] FCA 942 the Federal Court determined that a policy dealing with redeployment, was of sufficient stature as to render a breach of it, a breach of the employer’s duty of mutual trust and confidence. Background Mr Barker had been employed by the Commonwealth Bank of Australia…
Are you sure you don’t want to check that? Liability limits for carry-on baggage on domestic flights
In Brief The emergence of Low Cost Carrier airlines, and the unbundling of checked baggage by legacy carriers has resulted in more airline passengers travelling with carry-on baggage only, or using their full carry-on allowance and minimising their checked baggage. Similarly, the emergence of smartphone and tablet PC technology has meant…