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Escaping IP infringement of renowned handbag
Insight 15 Dec 2020

On 6 November 2020, Australian fashion label State of Escape Pty Ltd (State of Escape) – renowned for its 'unique' perforated neoprene handbag – lost its two-year-long battle with Chuchka ...

RCEP: Australia signs largest free trade agreement in the world
Insight 15 Dec 2020

On 15 November 2020, Australia, China, Japan, Korea and New Zealand joined the Association of Southeast Asian Nations (ASEAN) to sign the Regional Comprehensive Economic Partnership (RCEP), currently ...

Who's the fairest of them all? Comparative advertising amongst cosmetic competitors
Insight 15 Dec 2020

In recent proceedings before the Federal Court, Allergan was unsuccessful in its claim for infringement of its registered BOTOX trade marks against Self Care. Allergan alleged that Self Care infringed ...

Media Reform Green Paper
Insight 03 Dec 2020

On 27 November, the Department of Communications issued a Media Reform Green Paper (Green Paper) seeking views on a number of proposals. The Green Paper builds on a number of issues highlighted by the ...

Coming clean and staying clean: continuous disclosure obligations in the age of the data breach
Insight 06 Dec 2020

Recent data, coupled with the Privacy Act 1988 notifiable data breaches scheme, APRA Prudential Standard CPS 234, the Security of Critical Infrastructure Act and the GDPR, confirm that when it comes to serious cyber security breaches, listed entities should be complying with existing continuous disclosure requirements. ...

Changes to Regulatory Guide 256
Insight 07 Dec 2020

ASIC has released a first-round consultation paper on proposed changes to Regulatory Guide 256: Client Review and Remediation Conducted by Advice Licensees. The proposed changes are substantial, and will apply to new entities including super fund trustees. ...

FCA declares insurer in breach of duty of utmost good faith
Insight 03 Dec 2020

The Federal Court has declared that Youi Pty Ltd (Youi) breached its duty of utmost good faith under section 13 of the Insurance Contracts Act 1984 (Cth) (ICA) in relation to its handling of an insurance claim for damage to an insured's home. The decision is an important reminder of the broad scope and potential reach of the duty. ...

Federal Court holds Opal Tower defendant not entitled to be paid defence costs prior to determination on exclusion clause
Insight 01 Dec 2020

Evolution v Chubb Insurance clarifies that unless a policy contains an advancement of defence costs provision (and subject to the particular terms of the policy), an insured should not assume it will be entitled to be reimbursed for defence costs as and when they are incurred if there is a debate with the insurer about the operation of an exclusion clause in respect of the third party claim brought against the insured. ...

Allens advises BGH Capital on acquisition of Healius' Medical Centres business
News 24 Nov 2020

Allens' Private Equity and Healthcare specialists across a number of practices combined to help BGH deliver a complex carve-out transaction that spanned the COVID period. 'The BGH team has been ...

How can Australian businesses mitigate sovereign risk associated with unofficial trade measures?
Insight 24 Nov 2020

In light of recent tensions, we assess the importance of Australian trading businesses understanding their sovereign risk and the avenues available under international trade law to mitigate that risk. ...

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