2531-2540 of 2716 results
Providing financial services 'fairly'
The recent Federal Court decision in ASIC v AGM Markets has provided some much needed clarification of what it means to provide financial services 'fairly' in the context of the 'efficiently, honestly and fairly' obligation. ...
State of trade: COVID-19's impacts on trade regulation and supply chain risks
The COVID-19 pandemic has impacted many aspects of international commerce, and will continue do so for some time. In this Insight, we discuss three critical trade-related impacts of the pandemic on Australian businesses. ...
Retail banking and responsible lending during COVID-19
The sudden and unknown nature of COVID-19 has triggered a global economic shock, and disrupted Australia's economy. As we enter a national state of economic 'hibernation', banks and lenders are grappling with a sudden influx of relief requests from consumer and business customers. ...
OAIC's landmark case against Facebook to have major implications on Privacy Act
As Privacy Awareness Week this year called for individuals to #rebootyourprivacy and debate continues over the privacy protections for the COVIDSafe application, another step has been taken in the Australian Information Commissioner's (Commissioner) landmark case against Facebook, Inc and Facebook Ireland Ltd (together, Facebook) which will have major implications for the Privacy Act 1988 (Cth) (Privacy Act) and digital businesses operating from offshore entities. ...
WFH during COVID-19 crisis leaves employers vulnerable to WHS liability
With an unprecedented number of employees now working from home due to the COVID-19 pandemic, employers must be increasingly alert to the work health and safety (WHS) implications arising out of these arrangements. ...
Transforming the WA energy market
In WA, the development of distributed energy resources (DER) technologies and new business models that weren’t contemplated by the current regulatory regime can pose safety and security issues to the South West Interconnected System. The WA Government has addressed these and other issues through various work streams delivered (and anticipated) in 2020, paving the way for a new-look energy future. ...
Officers of a parent company may be found officers despite not having an official position or title in the subsidiary
On 11 March 2020, the High Court of Australia (HCA) handed-down its decision in ASIC v King [2020] HCA 4 (ASIC v King), which considered the extended meaning of 'officer' under the Corporations Act 2001 (Cth) (Corporations Act). ...
Permanent casual – like smart casual, a very ambiguous category indeed
In its widely anticipated decision, the Full Federal Court (Full Court) has decided that a labour hire employee was a permanent employee, despite being engaged as a 'casual' by a labour hire firm, WorkPac, for almost four years. ...
Swiss claims and skinny labels: Full Federal Court considers infringement
An enlarged bench of the Full Federal Court has considered the principles applying to infringement of Swiss-style claims, with the decision potentially limiting the application of Swiss-style claims in the context of so-called second medical use patents, where the allegedly infringing products are ʽskinny-labelled’. ...
Honest concurrent use: a rock-solid reminder of the importance of specific evidence
A recent decision of the Full Court of the Federal Court has highlighted that evidence of honest concurrent use of a trade mark must relate to the specific goods or services covered by an application. It's a timely reminder about the need for care in selecting the scope of the goods and services covered by a mark. ...