Latest publications
Apple v Samsung case provides timely reminder of litigation document retention requirements
In Brief A recent case involving Apple and Samsung provides a timely reminder to businesses about the importance of proper document retention when current or anticipated litigation arises. Document retention in Australia Australia’s legal requirements in relation to document retention are often met with concern due to uncertainty about obligations. Litigation is a key…
Crowd funding — the new source of finance
ASIC has been monitoring the increased use of crowd funding in Australia for investment purposes. ‘Crowd funding’ involves the use of the internet and social media to raise funds in support of a specific project or business idea. Project sponsors typically receive some nominal reward in return for their funds. On 14 August…
Copyright and the Digital Economy Issues Paper Released
The highly anticipated ALRC issues paper on the Copyright and the Digital Economy was released on 20 August 2012. The issues paper requests for commentary on over 50 questions relating to the appropriateness of the current copyright exceptions. These also cover converged media and new technologies in relation to copyright which…
High Court — Barclay Decision — Stop Press
The High Court of Australia unanimously determined that the first instance decision of Justice Tracey in the Federal Court of Australia was the correct one, thereby overturning the decision of the Full Bench of the Federal Court. Mr Barclay was an Australia Educational Union (AEU) representative in his workplace, Bendigo Regional…
ACMA agrees to register the Telecommunications Consumer Protection Code
On 11 July 2012, the Australian Communications and Media Authority (ACMA) agreed to register the new Telecommunications Consumer Protection Code (TCP). Registration takes effect on 1 September 2012 with phased implementation over 12 months. The TCP is intended to: align the obligations of telecommunications providers under the Australian Consumer Law (ACL) and the TCP…
Following candidates or employees on social networking sites: A minefield
In Brief Social networking is not a fad, but a fundamental shift in the way we communicate. Thus it is no surprise that employers are increasingly using social networking sites to vet potential employees and to monitor the behaviour of current employees. However, this development raises significant privacy concerns and can expose…
Beware — Adverse Action may result in reinstatement
In Brief The last thing any employer wants is to be forced into reinstating an employee after a messy general protections dispute. Until recently, most general protections claims have resulted in either the dismissal of an employee or an award of damages and compensation. However the recent case of CFMEU v Pilbara Iron…
Update on Parental leave
On 1 October 2012 the balance of various provisions of the Paid Parental Leave and Other Legislation Amendment (Dad and Partner Pay and Other Measure) Act 2012 will commence. This piece of legislation in particular, amends two pieces of legislation: the Paid Parental Leave Act 2010 and the Fair Work Act…
Outgoings — review of lettable area
In brief Broadly speaking, the definition of the lettable area in a lease must be appropriately drafted and scrutinised to ensure that it encapsulates the intention of the landlord and the tenant. This is paramount in regard to a landlord’s ability to apportion costs to and recover costs from tenants and weighs heavily on…
EU court clarifies trade mark infringement in use of Google AdWords
A recent European court decision has caused European companies to think carefully about the type of keywords they use in their Google AdWords campaign. Portakabin Ltd v Primakabin BV In Portakabin Ltd v Primakabin BV, the court found that the use of a registered trade mark as a keyword search term infringed the trade mark owner’s…