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Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...
Where are all the data breach class actions in Australia?
Class actions arising out of data breaches have been common in the US for some time but in Australia were yet to see a plaintiff bring such an action successfully In some ways this is unsurprising Despite the fact that data breaches are now commonplace and that class action law firms are ...
Federal Court reverses systemic unconscionability finding against vocational education provider
The Full Court of the Federal court of Australia has overturned a decsion of a single judge which held Unique International College had engaged in systemic unconscionable conduct with the supply of online vocational education courses to consumers in NSW. ...
You asked, they listened (mostly) - Treasury's proposed revisions to the Consumer Data Right Bill
On 24 September Treasury released for public consultation its revised version of the exposure draft legislation that will give effect to the new Consumer Data Right CDR in Australia Reflecting feedback from public consultation on the first tranche of draft legislation that was released on 15 August ...
Treasury proposes tougher penalties for corporate and financial sector misconduct
The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...
Fishing at one's discretion – Trident Seafoods Corporation v Trident Foods Pty Limited
In a dispute over the 'Trident' trade mark, Justice Gleeson considered that the residual reputation a subsidary held over its parent company warranted the mark remaining on the Register. ...
Four key principles from Sigma v Wyeth
Justice Jagot's mammoth judgment in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth sets down important principles relating to claims for damages under the usual undertaking as to damages, where an interlocutory injunction has been wrongly granted. ...
Victory for software innovators as APO gets ROKTed
Australian start-up ROKT has had a major win in the fight for software-related inventions. Senior Associate and Patent Attorney Pasquale Aliberti considers the ramifications. ...
EU leads the way with counterfeit crackdown
The European Commission has recently established the world's first counterfeit and piracy watch list, which aims to crack down on counterfeiting and piracy both within the European Union and in external suspect markets. Partner Tim Golder and Vacation Clerk Scott Sidley report. ...
Global trade mark update
There have been significant, and proposed, trade mark law developments across the globe which are likely to inform trade mark portfolio strategy. ...