Latest publications
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]…
New code for private equity funds
In Brief On 7 September 2011, the Australian Private Equity and Venture Capital Association (AVCAL) released a new corporate governance code for the private equity industry. The Code is based on existing corporate governance guidelines already used by regulators such as the ASX, and builds on initiatives by other national industry associations, responsible investment…
New retail leasing disclosure obligations now in force other amendments proposed
In brief – New landlord disclosure statements and proposed amendments to retail leasing laws Retail landlords now have new disclosure obligations and also need to be aware of proposed changes under the Retail Leases Amendment Bill (2011). New disclosure obligations for retail landlords As from 1 January 2011, a new form of landlord disclosure…
Insolvent trading…? Don’t go there.
Director’s duty to avoid insolvent trading Section 588G of the Corporations Act 2001 imposes liability on a company director: (a) who allows a company to incur a debt when the company is insolvent, or becomes insolvent by incurring the debt; and (b) who suspected at the time when the company incurred the debt that the company…