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New third-party enforcement rights in the Victorian Environment Protection Amendment Act 2018
Insight 15 Oct 2018

This Insight examines the third-party enforcement rights introduced into the Environment Protection Act 2017 (Vic) by the Environment Protection Amendment Act 2018 (Vic), which passed Victorian Parliament in August 2018 ...

A global snapshot of data breach class actions
Insight 17 Oct 2018

While we are yet to see a successful data breach class action in Australia, data breach class actions have become all too real for many major companies overseas ...

International Arbitration - Australian courts' power to grant interim freezing orders
Insight 02 Nov 2018

The WA Court of Appeal has taken an expansive view of the power that Australian courts have to grant interim orders in support of international arbitrations. ...

New APRA prudential standard raises bar for information security obligations and incident notification requirements
Insight 15 Nov 2018

As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...

Solar farms in the spotlight - Victorian draft guidelines released
Insight 09 Nov 2018

The Victorian Government has released draft guidelines for the design assessment and development of large-scale solar farms Partner Jillian Button Senior Associate Emily Johnstone Associate Isabella Kelly and Lawyer Zainab Mahmood provide an overview of the guidelines key features ...

Troubled waters
Insight 17 Dec 2018

A recent Federal Court decision demonstrates the difficulties large offshore food and beverage brands may encounter when attempting to enter the Australian market, particularly where there is a longstanding local user of the same or a similar mark ...

Defective IFA survives to defeat underpayment claim
Insight 19 Jan 2019

The FCC rejected a truck driver's underpayment claim, finding that the terms of an individual flexibility arrangement applied to his employment, despite it not complying with the relevant legal requirements. ...

ACCC's good result in bad faith claim
Insight 28 Feb 2019

The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...

'Best method' a heavy burden for patentees
Insight 28 Feb 2019

Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...

NSW Court's ruling on climate change raises concerns for coal industry
Insight 26 Feb 2019

The recent decision of the NSW Land and Environment Court on the Rocky Hill Coal Project attracted significant press in the past week primarily due to the courts comments regarding climate change in the course of its ruling against the mines approval. ...

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