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...
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...
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...
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.
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...
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...
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...
With the Federal Government announcing its intention to introduce a Consumer Data Right (CDR) from 1 July 2019, how can you be prepared?
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...
The media is abuzz when it comes to blockchain technology and its ability to transform the way industries do business.
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...
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...
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...
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
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
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
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...
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...
Many businesses use search engine optimisation strategies as part of their online marketing strategy to generate online traffic. This raises...
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...
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...
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...
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
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...