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What courts and regulators expect from corporate compliance
Insight 22 May 2020

The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...

Full Federal Court dismisses ACCC appeal against Pacific National rail merger ruling
Insight 12 May 2020

The Full Federal Court has dismissed the ACCC's appeal against Aurizon's proposed sale of the Acacia Ridge rail terminal to Pacific National. The ACCC is using this outcome to advocate for merger law reforms. ...

Rokt unsuccessful in the Full Court
Insight 22 May 2020

The Full Court in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 reversed the decision of the trial judge, finding for the Commissioner of Patents that Rokt's digital advertising systems and methods invention does not constitute patentable subject matter. The decision further clarifies the patentability of computer-implemented inventions at Australian law. ...

No relief from pain for Maxigesic claims
Insight 30 Apr 2020

AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...

In Touch: further ACCC authorisations for businesses cooperation during the pandemic; ACCC releases interim Home Loans Price Inquiry report and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies
Insight 30 Apr 2020

Further ACCC authorisations letting businesses work together during the pandemic; ACCC releases interim report in Home Loans Price Inquiry and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies forthcoming. ...

IP rights in the COVID-19 pandemic
Insight 30 Apr 2020

As the race for a COVID-19 vaccine and treatment continues, norms around IP use are being upended. Innovators need to navigate the use of their IP in this current climate. ...

Report: National Electricity & Gas Rules Update: April 2020
Insight 06 May 2020

In this update we summarise the progress of existing rule change requests across April 2020 and take a closer look at the ESB's discussion paper on the benefits and opportunities of moving to a two-sided wholesale market. ...

Trace but don't track – Australia's approach to digital contact tracing
Insight 21 Apr 2020

The Australian Government has flagged that Australia's baseline 'social distancing' restrictions may be eased more quickly if, among other things, at least 40% of Australians download and use a new voluntary digital contact tracing app, 'COVID Trace'. The announcement has sparked significant debate ...

Overhaul of Victorian environmental laws delayed until 1 July 2021
Insight 29 Apr 2020

The Environment Protection Amendment Act 2018 (Vic) (EP Act), which was set to commence on 1 July 2020 (and overhaul environmental laws in Victoria) will now commence on1 July 2021 as part of a suite of emergency measures in response to COVID-19. Our team looks at the COVID-19 Act and how it relates ...

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