Insights

Payment times reports due 31 March 2024

An increase in enforcement action by the Regulator under the Payment Times Reporting Act 2020 (Cth) (PTR Act) has been happening over the last 12 months. Companies covered as reporting entities...

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colourful corporate building
Does failure to investigate amount to copyright infringement authorisation? High Court has final say

The High Court unanimously overturned a 2022 Full Court decision and found that a failure to investigate third-party allegations of copyright infringement by a contractor does not automatically...

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Privacy reforms for a digital age

The government has delivered the next step in the ongoing Privacy Act Review by releasing the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill...

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Employer COVID-19 vaccine promotions and giveaways

As the race to vaccinate 80% of the Australian population against COVID-19 commences, employers are considering what role they can play to ensure restrictions are eased and employees are safe.

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Need a doctor? There's an app for that, but new TGA risk classification rules apply

Standalone software (which is not attached to any physical medical device), commonly in the form of a mobile app, is increasingly becoming one of the means upon which we treat, diagnose or monitor...

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Website evidence goes Wayback

Parental cautions to their millennial children that “the internet is forever” now have an echo in Australian litigation following the recent decision of the Federal Court in Dyno Nobel Inc v Orica...

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Are fingerprints employee records? Biometric data in the workplace

In an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification...

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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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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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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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The minefield for protecting your IP rights

The recent decision of CQMS Pty Ltd v Bradken Resources Pty Ltd is a timely reminder of the dangers and risks in asserting your intellectual property rights to potential infringers and the...

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Workwise - addressing social media risks in the workplace

In this article we look at some of the areas of law relevant to social media (intellectual property, privacy, media and defamation, consumer protection and employment, as well as continuous...

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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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Materiality in continuous disclosure

The High Court's recent decision in Fortescue Metals Group did not, as some had hoped, clarify the materiality threshold for continuous disclosure one way or the

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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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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 new Australian Consumer Law - what does it mean for your business?

From 1 January 2011, the Trade Practices Act 1974 (Cth) will be amended by the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 and replaced by the Competition and Consumer...

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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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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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Watch out for 'positive' posts on your Facebook page!

In August 2012 the Advertising Standards Bureau (ASB) decided that posts on a company's Facebook page amount to "advertising" by the company and therefore are subject to the AANA Codes. This means...

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Google goes to the High Court

The JWS Corporate Counsel Seminar on 30 May offered insights into the ACCC's proceedings against Google, which alleged that Google had engaged in misleading and deceptive

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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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