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Nucleus corporate law developments: rapid legal and regulatory responses to COVID-19; ASIC consults on pre-IPO relief for voluntary escrow and pre-disclosure communications; ACCC outlines enforcement priorities for 2020; and other corporate law developments
Insight 06 Apr 2020

Rapid legal and regulatory responses to COVID-19; ASIC consults on pre-IPO relief for voluntary escrow and pre-disclosure communications; ASX compliance update; FIRB flags potential fee refunds for COVID-19 application withdrawals; and ACCC outlines enforcement priorities for 2020 and permits coordination to respond to COVID-19. ...

COVID-19 and class action risk – some (early) lessons for Australia from overseas
Insight 15 Apr 2020

As COVID-19 spreads throughout Australia and the world, its impact is being felt across every industry. With the pandemic at a relatively early stage, the virus has disrupted supply chains and shuttered businesses, resulting in record levels of unemployment and unprecedented market volatility. ...

Resources sector regulation – the Productivity Commission's call for reform
Insight 03 Apr 2020

The Productivity Commission has released its draft report on resources sector regulation and, if implemented, its recommendations have important implications for the sector. In particular, the report includes a number of recommendations focused on reducing delays in project assessment and approval, ...

Federal Court closes the tap on Urban Ale trade mark
Insight 30 Apr 2020

In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...

From Notepads to iPads – copyright protection in a digital world
Insight 30 Apr 2020

With the global transition from analogue to digital, Australia's copyright laws continue to evolve in an attempt to keep up with the digitisation of content. The Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP, recently addressed the Australian Digital Alliance about ...

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. ...

Winning a US copyright suit not as easy as you thought – lessons from Blackbeard, Led Zeppelin and Katy Perry
Insight 30 Apr 2020

In the world of music, proving copyright infringement just got harder – which is only one major issue arising from recent US copyright litigation. We give you an update on these significant case ...

FWC considers unfair dismissal procedural requirements
Insight 01 Apr 2020

The Full Bench of the Fair Work Commission (FWC) has ordered a case be reheard after it was found that adequate consideration was not given at first instance to whether a dismissed employee had been notified of, and given an opportunity to respond to, a valid reason for his dismissal. ...

ASIC's new work schedule and priorities in light of the COVID-19 crisis
Insight 16 Apr 2020

On 14 April, ASIC published a media release detailing changes to its regulatory framework and priorities in light of COVID-19. This follows an earlier statement by ASIC, which indicated that it would temporarily change its regulatory work and priorities to allow it and regulated entities to focus on the impact of COVID-19. ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

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