In Livsey v Australian National Car Parks Pty Ltd, the Plaintiff walked out of a car park using the vehicle driveway rather than the pedestrian path and suffered minor injuries after being hit in the head by a boom gate. She...more
The Home Building Amendment Act 2014 (NSW) (the Amending Act) will significantly change the Home Building Act 1989 (NSW) (Home Building Act) and comes into force in late 2014 and early in 2015....more
The National Electricity Amendment (Distribution Network Pricing Arrangements) Rule 2014 No. 9 (Rule Change) came into effect on 1 December 2014, amending the Australian National Electricity Rules (NER) by introducing a more...more
In This Issue:
Judgments; Legislation; and Reports.
Excerpt from Judgments:
New South Wales -
19 December 2014 – Dr Reid v Medical Council of NSW -  NSWCATOD 152 -
The Medical Council...more
Patents directed to genetic material have been the subject of significant public discourse and legal challenge worldwide, leading to a divergence of governing law between jurisdictions and heightened industry uncertainty...more
The Commission brought two FCPA cases this week, one of which was in conjunction with the DOJ. Both centered on the payments for gifts and travel in China.
In addition, the SEC filed three manipulation cases, an action...more
The final report of Australia’s Financial System Inquiry (Inquiry) was released on 7 December 2014 (Final Report). According to the Treasurer, The Hon Joe Hockey MP, it lays out a blueprint for Australia’s financial system...more
What happens when an employee:
- leaves your company;
- convinces your manufacturer to stop supplying your (patented) product to you and supply it to him instead; and
- then starts selling this product to one of...more
In December 2014, The Australian Competition And Consumer Commission (ACCC) Authorised Tooltechnic To Fix The Minimum Price At Which Its Dealers Could Sell Festool Tools To Consumers - That Is, To Engage In Resale Price...more
The District Court of Western Australia’s recent decision in Petkovic v Blazeski  WADC 170 highlights the limitations of “obvious risk” defences and the level of evidentiary analysis that defendants ought undertake...more
On 28 November 2014, the Western Australian Government made changes to the manner by which iron ore royalties payable to the Government are calculated. These changes more clearly prescribe the scope of permissible deductions...more
In Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd  FCA 1371, the Federal Court of Australia was called upon to consider various interlocutory applications requesting security for costs against the...more
The amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) came into force yesterday. Last minute further amendments to the BCIPA were passed on 26 November 2014, relating to the transitional...more
A Full Court of Australia’s Federal Court has handed down its appeal decision in Research Affiliates LLC v Commissioner of Patents.
While there was anticipation that the decision would provide general guidance on the...more
In This Issue:
Judgements; Legislation; and Reports.
Excerpt from Legislation:
Aged Care and Other Legislation Amendment Act 2014 - C2014A00126 • Act No. 126 of 2014 as made -...more
The Corporations Amendment (Publish What You Pay) Bill 2014 (Cth) (Bill) is currently before the Senate. If passed, it will amend the Corporations Act 2001 (Cth) to require:
- Australian companies involved in...more
Mining company Glencore recently reacted to a depressed coal price by announcing a three week shutdown during which employees would be asked to take annual leave. As the Christmas period approaches, all organisations should...more
With Christmas approaching, it is a good time to communicate with employees about boundaries, both in terms of acceptable conduct, and the parameters in which that conduct will be regulated.
Work Christmas celebrations...more
The Western Sydney Wanderers, an A-League football club and the reigning winners of the Asian Champions League, are engaged in a dispute with its players over their share of the prize money in the upcoming FIFA Club World Cup...more
The High Court of Australia (High Court) this week handed down only its third decision considering trade mark law since the enactment of the Trade Marks Act 1995 (Cth). This decision could reduce barriers to registration for...more
On 28 November 2014, the Federal Court of Australia (Court) dismissed claims of trade mark infringement, misleading or deceptive conduct and passing off made by The Coca-Cola Company (Coke) against PepsiCo Inc, PepsiCo...more
On 7 December 2014 the Final Report was issued by the Financial System Inquiry, chaired by David Murray. Below is a summary of the key points relevant only to innovation. This update does not seek to address matters in the...more
The Financial System Inquiry has released its final report. The report makes 44 recommendations based around two general themes: funding Australia’s economy and boosting competition. In a nod to the strength of the insurance...more
The Supreme Court in Victoria recently took the unusual step of assessing whether to exercise its inherent jurisdiction to restrain a solicitor and barrister from acting for a defendant to proceedings....more
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