Insights

Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Repeal of IP exception to competition law

If your business is involved in the licensing or assignment of IP rights (such as patents, registered designs or copyrights), you should urgently seek legal advice to ensure that all such...

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Looming changes – are you ready for the Consumer Data Right?

With the Federal Government announcing its intention to introduce a Consumer Data Right (CDR) from 1 July 2019, how can you be prepared?

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Therapeutic Goods Update

The Therapeutic Goods Administration (TGA) issued a number of consultation papers in January 2019. One of those papers seeks feedback on its proposal to introduce a globally harmonised Unique...

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Going 'natural' – when product claims are artificial

A recent Federal Court decision provides further guidance on the use of the word 'natural' in product branding or advertising.

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Roadmap for blockchain standards

The media is abuzz when it comes to blockchain technology and its ability to transform the way industries do business.

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Long-awaited data breach notification laws pass parliament

Businesses operating in Australia that handle personal information will soon need to notify affected individuals and the Australian Information Commissioner of serious data breaches under a new...

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Signing documents in the digital age

As technology advances, opportunities to update business practices are offered. However, the law is often one step behind, making it difficult for companies to employ new efficient business...

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Acumen September 2016

Legal issues from September 2016.

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Maintaining confidentiality of sensitive documents in litigation

The case of Alcoa of Australia Ltd v Apache Energy Ltd [2014] WASCA 148 provides the latest guidance on a court's power to impose a confidentiality regime on the inspection of discovered...

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Search engine optimisation and trade mark infringement under Australian law

Many businesses use search engine optimisation strategies as part of their online marketing strategy to generate online traffic. This raises...

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Copyright law reform: should exceptions become the rule?

In our article 'Copyright and the Digital Economy' in the October 2012 issue of Acumen, we outlined the principles directing the Inquiry of the Australian Law Reform Commission (ALRC) in relation

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Searching for clarity - the ACCC takes on Google

In a blow to the ACCC after its eight year battle against internet search giant Google, the High Court held that Google did not engage in misleading and deceptive conduct by publishing third party...

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Copyright and the digital economy

The Australian Law reform Commission (ALRC) was requested by the Government to conduct an inquiry into Copyright and the Digital Economy to determine whether and if so, how, copyright laws should...

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Privacy Act gets a revamp

The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was introduced to Parliament on 23 May 2012. The Bill amends the Privacy Act 1988 (Act) and implements the Government...s first stage...

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Terminating IT and outsourcing contracts: designing and implementing a successful legal strategy

For most organisations, termination issues arise on a routine basis due to changes affecting the business - for example, as a result of recent acquisitions or expansion. Where this occurs there is

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Copyright a little cloudy around the edges

This article discusses the implications of the Federal Court decision in the case brought by Optus against the NRL and the AFL in relation to Optus' "TV Now...

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Chocolate or coffee? Stopping 'lookalike' sales

The Federal Court has recently stopped a company from selling "look alike" coffee plungers. Has there been a change in the law? No, there hasn't, but the decision in this case provides important

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Personal Property Securities Act (PPSA) to 'go live' on 30 January 2012

After a number of initial delays, the Attorney General has now issued a determination that the PPSA will 'go live' on 30 January 2012. This means that the final countdown has started for you to...

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ICANN Update - launch of new top level domains

In our May 2011 issue of Acumen, we published an article about the new generic top-level domain (gTLD) program to be launched by the Internet Corporation for Assigned Names and Numbers...

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Senate Committee's report on Australian privacy principles exposure draft released

The Senate Finance and Public Administration Legislation Committee (Senate Committee) has now released its report on the Exposure Draft of the new Australian Privacy Principles (APPs). The new APPs...

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FOFA - wholesale v retail Options Paper

In January 2011, Treasury released an Options Paper on the wholesale v retail client distinction, as part of the Future of Financial Advice (FOFA) project.The paper floats a number of options for a...

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ICANN to launch land grab in cyberspace

Are you aware of the new generic Top Level Domains launch by the Internet Corporation for Assigned Names and Numbers (ICANN)? It has been claimed that this launch will revolutionise and change the...

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ACCC v Allergy Pathway - extra caution needed for companies using social media networks

A recent decision of the Federal Court provides a warning for companies that use social media networks such as Facebook and Twitter to promote their businesses. In ACCC v Allergy Pathway...

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The proposed Minerals Resource Rent Tax

On 2 July 2010 the Prime Minister, Deputy Prime Minister and Treasurer, and the Minister for Resources and Energy issued a Joint Media Release (JMR). The JMR announced a 'breakthrough agreement' and

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