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NSW turns up heat on developers of residential apartment buildings
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) has passed. For developers of residential apartment buildings, we take a look at the key changes and outline the actions you should take next. ...
Mann v Paterson Constructions Pty Ltd [2019] HCA 32
In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...
Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...
Contract law update 2019
There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...
Proposed regulation of offshore clean energy infrastructure – what you need to know
The proposed regulatory framework for offshore wind and other clean energy technologies and associated infrastructure in Commonwealth waters looks to be modelled on the regulation of offshore petroleum, with some key differences. ...
ACCC 2020 Enforcement Priorities
A number of industries and issues are in the spotlight following release of the ACCC's 2020 Enforcement and Compliance Priorities by Chairman Rod Sims on 25 February. ...
Do employers need to start telling their employees to limber up before heading home?
The Administrative Appeals Tribunal has decided that a knee injury sustained by an employee when he was 'lightly jogging' to the staff bus after his shift had arisen out of his employment. ...
Employee reinstated despite breaching 'zero tolerance' drug policy
The Fair Work Commission has ordered the reinstatement of an employee following inconsistencies in an employer's 'zero-tolerance' policy regarding drug and alcohol use. ...
DABUS ignites debate on AI inventorship
Patent offices in the UK and Europe, UKIPO and EPO have rejected Stephen Thaler's DABUS application naming artificial intelligence as inventors. Both patent offices found that DABUS, being a machine, could hold no rights and could not transfer any rights as the inventor to the applicant as successor ...
Federal Court decides second round of fencing (patent) duel
This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...