Australia

News & Analysis as of

Is VCAT a 'court' Under the Uniform Commercial Arbitration Act?

Under s 8 of the Uniform Commercial Arbitration Act (CAA)1 a 'court' is required to stay proceedings before it if the parties have already agreed to have their dispute referred to arbitration. Recently, the Victorian Court of...more

A wake up call for employers – legal liability to shift workers and ‘fly-in, fly out’ employees

Australia’s increasingly flexible workforce means we no longer all work from nine until five. Family commitments, the prospects of better pay, study commitments and countless other factors are all influencing when we work,...more

GST and rental guarantees - A new ATO Determination (Australia)

The Australian Taxation Office (ATO) has today issued a new GST determination, GSTD 2014/3, relating to GST and rental guarantee arrangements. The new Determination replaces an earlier draft which had been released in April...more

Sourcing Reference Guide: A reference tool for customers and service providers explaining current best practice and thinking from...

Outsourcing and the New Australian Privacy Law: In a nutshell - In Australia all APP Entities which collect, use or disclose Personal Information must, under the Privacy Act 1988 (Cth) (“Act”), take reasonable steps...more

Health Alert (Australia) - July 28, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales (NSW) - 22 July 2014 - Lane v Northern NSW Local Health District (No 3) [2014] NSWCA 233 - This...more

Be Global - July 2014

Saudi Arabia: Webinar on the recent introduction of the Nitiqat and Ajeer Systems in Saudi Arabia Our Middle East Employment team delivered a webinar recently covering issues surrounding the nationalization agenda in...more

Australia awaits Federal Court guidance on the patentability of computer-implemented inventions

Anyone with an interest in the patentability of computer-implemented inventions in Australia has been awaiting judgment in the appeal to the Research Affiliates LLC v Commissioner of Patents decision. Anticipation is...more

The Google Tornado: Just How Ground-Breaking Is The "Right To Be Forgotten"

The recent decision of the European Court of Justice relating to Google and the "right to be forgotten", enabling citizens from the European Union to request search engines operating in Europe to delete, or not to show,...more

Improving the value of your US patent portfolio: lessons for Australian and NZ companies from the decision of Bard v Gore

Recent developments in US law have meant that investors conducting due diligence of biotech and technology companies now not only consider whether the company’s US patents are valid and cover the relevant technology but also...more

Contributory negligence assessment increased for pedestrian

In the Nominal Defendant v Ross [2014] NSWCA 212, the NSW Court of Appeal increased the contributory negligence assessment, reducing the Respondent’s award of damages from $328,000 to $266,939. The basis for this decision was...more

Australia Welcomes Changes to the Australian Managed Investment Fund Regime for Foreign Pension Funds

Following its announcement in November 2013, the Australian Government has released draft legislation to enable foreign pension funds to access concessional withholding tax rates under Australia's Managed Investment Trust...more

Carbon Tax Repeal Places Spotlight on Price Reductions

After months of delay, the Australian Government has passed legislation to repeal Australia's carbon tax and introduce new sanctions against energy and gas refrigerant entities that do not pass on cost savings arising from...more

Health Alert (Australia) - July 21, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Queensland - 14 April 2014 (published 11 July 2014) - Ladhams v Medical Board of Australia (No 2) [2014] QCAT 286...more

Synthetic Investment in U.S. Real Estate by Foreign Investors

According to recent reports, foreign investment in commercial U.S. real estate exceeded $38.7 billion in 2013 - a 40 percent increase over 2012. Leading the way in 2013 were investors from Canada, China, Australia, Germany,...more

Financial System Inquiry – interim report released

The interim report of the Financial System Inquiry was released on 15 July. In the report, the Inquiry’s committee, headed up by Mr David Murray AO, have made 28 observations on how the system is currently operating. There...more

That look’s a steal: K&L Gates advises on how to protect against copycats

There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their...more

Breach of the Australian Franchising Code to result in fines

As foreshadowed by the Coalition Government earlier this year (see our previous update), penalties for breach of the Franchising Code of Conduct (Franchising Code) are to be introduced....more

Australia's proposed spy law perceived as Governmental Mismanagement

Buzzing through the social media sphere yesterday was the story about how a proposed new bill would see potential whistleblowers facing up to 10 years in prison for leaks. So after lifting my jaw up off the floor, I thought...more

Australian Tax Update: Repeal Of The Carbon Tax - Easy Come Easy Go?

The Federal Government has fulfilled its election promise when the Senate passed the carbon tax repeal legislation on 17 July 2014. The Government achieved the repeal of the carbon tax after 2 weeks of negotiations with the...more

Real Estate Investment in Australia

Australia continues to be viewed as a destination of choice for global real estate investors seeking a safe haven in a well-regulated and highly transparent growth-orientated market for doing business. In addition, the...more

Energy & Environment Update - July 2014

In This Issue: - Despite Hurdles, U.S. Offshore Wind Industry Poised for Growth - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

Update on medical indemnity claims statistics – Trends and risk areas

On 11 July 2014, the Australian Institute of Health and Welfare released the latest in its series of reports on medical indemnity claims in the public and private sectors. The report examined claims made, current or...more

Health Alert (Australia) - July 14, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Commonwealth - 4 July 2014 - Angelos v Minister for Health [2014] FCA 706 - This was an application made to the...more

Australia: Official supplier of statistics to the NRL fails to obtain interlocutory injunction for breach of its intellectual...

On 8 May 2014, Sports Data Pty Ltd (Sports Data), NRL’s previous official supplier of statistics, filed an interlocutory applications against Prozone Sports Australia Pty Ltd (Prozone), the new supplier of statistics to the...more

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