2391-2400 of 2699 results
Enhancing Australia's decommissioning framework
The aim of the Enhanced Framework is to ensure that Australia is sufficiently positioned to respond to decommissioning challenges and to ensure the Australian regime is clear, fit for purpose and leading practice. ...
FCA declares insurer in breach of duty of utmost good faith
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. ...
Australian foreign investment national security reforms – moneylending exemption survives, substantially intact
As part of the national security reforms the Government had proposed to revoke the moneylending exemption in the case of security over a 'national security business'. This would have required foreign lenders to apply to the Foreign Investment Review Board for approval or exemption before undertaking routine loan participations. ...
Removal of trade marks for non-use – a bittersweet end for "LIME"
A recent Federal Court decision has highlighted how different factors can impact the assessment of a non-use application under section 92(4) of the Trade Marks Act 1995 (Cth).1 The Taxiprop decision c ...
A win to litigation funders in employment class actions
A decision in a 'wage underpayment' class action (Simon Alexander Turner v Tesa Mining) examines the extent to which funders can be liable for costs in Fair Work Act proceedings. ...
In Touch: Digital Platform Services Inquiry Interim Report; ACCC commences proceedings against Agrison; Trivago loses its appeal in the Full Federal Court; and other developments
Digital Platform Services Inquiry Interim Report; ACCC commences proceedings against Agrison alleging false or misleading representations about warranties; appeal on Employsure case; Trivago's loses appeal; Compare the Market acquisitions of iSelect under review; ADT Security to refund customers and remove or amend unfair contract terms. ...
Escaping IP infringement of renowned handbag
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 ...
Who's the fairest of them all? Comparative advertising amongst cosmetic competitors
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 ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
Linklaters Insights: Comparison of UK's new foreign investment regime and Australian FATA
Sugar and alcohol labels under the microscope, including new requirements for alcoholic beverages to display pregnancy labels; minimising regulatory risk regarding misleading conduct on the sale and promotion of food products; COVID-19 and food; and class actions in the sector. ...