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Report: National Electricity & Gas Rules Update: June 2020
In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of June, as well as take a closer look at AEMO's high-level design for the wholesale demand response mechanism. ...
Changes ongoing for product liability and compliance during COVID-19
Amidst increased scrutiny by the Therapeutic Goods Administration and the ACCC, Australian businesses which manufacture personal protective equipment (PPE), detergents and hand sanitiser must remain on top of changes to product laws in the healthcare space in order to avoid potential liability. ...
Changes to the JobKeeper scheme
The JobKeeper scheme will be modified, and extended from 28 September 2020 until 30 March 2021. ...
JobKeeper enabling directions – a focus on 'reasonableness'
In a recent decision of the Fair Work Commission (the FWC), an employer has been chastised for unreasonably directing an employee to work only 60% of their pre-COVID hours. ...
No 'ordinary and customary turnover in labour' where there is a reasonable expectation of ongoing work
An employee's reasonable expectation of continued employment is relevant to determining whether the termination was 'due to the ordinary and customary turnover of labour' for the purpose of exemption from statutory redundancy entitlements. ...
Redundancy unfair after employer fails to consult
The Fair Work Commission (the FWC) has found a failure to consult meant an employee who was made redundant missed out on receiving the JobKeeper wage subsidy, which could have kept her working for longer. Her dismissal was therefore unfair. ...
COVIDSafe – what we now know
On Sunday, the Australian Government launched its voluntary digital contact tracing app 'COVIDSafe', along with the app's Privacy Policy, an independent Privacy Impact Assessment (PIA) and the Department of Health's response to that PIA. The Chief Medical Officer has predicted that the application will have been downloaded more than 2 million times by the end of Monday. ...
Federal Court closes the tap on Urban Ale trade mark
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
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
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. ...