Latest publications
Still haven’t found what I’m looking for… Teething Problems with the PPSR
More than three months after the go-live, significant problems persist with the reliability of the Personal Property Securities Register (PPSR). Migrated pre-PPSA registered security interests The Registrar of the PPSR confirmed early on that a large number of errors and omissions occurred in the migration of data from ASIC and State & Territory…
Changes to credit reporting
In Brief On 2 May 2012, the Commonwealth Attorney-General, Nicola Roxon, announced that proposed amendments to the Privacy Act 1988 (Cth) will be introduced during the winter session of Federal Parliament. The proposed amendments will include changes to the way in which credit reporting operates in Australia. The proposed changes to credit reporting…
Health & Safety Representatives: introduction to the workplace
In Brief Following on from our earlier article regarding the new Work Health and Safety Act 2011 (NSW) (WHS Act), this article addresses the introduction of the Health & Safety Representative (‘HSR’) and how this impacts employers. HSR Roles & Functions Employers have an express duty to consult workers on WHS issues. HSRs represent…
Google AdWords on Trial: ACCC establishes misleading or deceptive conduct
In Brief In what is likely to be heralded as a landmark decision for Australia’s consumer watchdog, the Federal Court of Australia has found that using Google AdWords to trade on a competitor’s business or reputation is not only a breach by the advertiser of the Trade Practices Act 1974 (Cth) (TPA) (now…
Convergence Review: Update
On 30 April 2012, the Federal Government’s report on its Convergence Review was released. The report aims to develop technologically neutral legislation and policy to meet trends and rapid changes in technology in the communications and broadcasting sectors such as social media, and television and radio services delivered over the internet…
iiNet may have prevailed in copyright infringement case, but ISPs should beware
In Brief After much deliberation, the iiNet matter has been laid to rest with the High Court upholding the Full Federal Court decision that iiNet is not liable for the copyright infringing actions of its customers. Ultimately, the case turned on what it meant to “authorise” conduct in breach of section…
Hollywood studios lose to ISP iiNet in copyright authorisation case
In Brief Hollywood studios have appealed the recent landmark Federal Court decision that found internet service provider (ISP) iiNet not liable for copyright infringements by its customers. Illegal downloading by iiNet customers Despite prolific illegal downloading by iiNet customers using the BitTorrent peer-to-peer protocol, iiNet did no more than provide a legitimate means…
Reform of Australian Contract Law
On 22 March 2012 the Commonwealth Attorney-General, Nicola Roxon, released a discussion paper which could lead to wide-ranging review and reform of contract law in Australia. The discussion paper was prepared by the Commonwealth Attorney-General’s Department. In its summary of the paper, the Department refers to several objectives it says may be…
A timely reminder about calculating compensation claims in IP infringement cases
In brief Recently, the Full Court of the Federal Court of Australia handed down its decision in Facton Ltd v Rifai Fashions Pty Ltd involving the importation into Australia and sale of counterfeit G‑STAR branded clothing and accessories.1 The case provides a useful discussion on the law of damages for counterfeit goods…
Accidents happen. the importance of appointing your Enduring Guardian and Enduring Power of Attorney
In Brief Generally we prefer to make our own decisions concerning our personal lives and finances. But what happens if we lose our mental capacity, due to injury or accident, and are rendered unable to make such decisions ourselves? You can plan for your future by appointing an enduring guardian and enduring…