Latest publications
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…
The new world of OH&S - is there any substantial difference?
In Brief The Work Health and Safety Act 2011 (NSW) (‘WHS Act’) came into effect on 1 January 2012 and has brought with it significant changes and even benefits for employers. The following gives you a short summary of this long-awaited change. Who or what is a: Persons Conducting a Business or Undertaking (‘PCBU’) A PCBU…
Terminating a lease — what not to do
In Brief A landlord communicating to a tenant a termination of a lease must be clear. This is evident from the decision in Dee-Tech Pty Ltd v Neddam Holdings Pty Ltd [2010] NSWCA. The terms provide for the right A lease will generally provide for the circumstances where a landlord is entitled to exercise its contractual right to terminate…
Costly consequences of not taking Genuine Steps
In Brief A recent decision of the Federal Court of Australia signals the importance of parties to disputes and their legal representatives complying with their obligations under the Civil Dispute Resolution Act 2011 (Cth) (CDR Act). The case The decision, Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012]…