2561-2570 of 4478 results
Mann v Paterson Constructions Pty Ltd [2019] HCA 32
In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...
Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...
Contract law update 2019
There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...
Resources sector regulation – the Productivity Commission's call for reform
The Productivity Commission has released its draft report on resources sector regulation and, if implemented, its recommendations have important implications for the sector. In particular, the report includes a number of recommendations focused on reducing delays in project assessment and approval, ...
ACCC 2020 Enforcement Priorities
A number of industries and issues are in the spotlight following release of the ACCC's 2020 Enforcement and Compliance Priorities by Chairman Rod Sims on 25 February. ...
Do employers need to start telling their employees to limber up before heading home?
The Administrative Appeals Tribunal has decided that a knee injury sustained by an employee when he was 'lightly jogging' to the staff bus after his shift had arisen out of his employment. ...
Employee reinstated despite breaching 'zero tolerance' drug policy
The Fair Work Commission has ordered the reinstatement of an employee following inconsistencies in an employer's 'zero-tolerance' policy regarding drug and alcohol use. ...
DABUS ignites debate on AI inventorship
Patent offices in the UK and Europe, UKIPO and EPO have rejected Stephen Thaler's DABUS application naming artificial intelligence as inventors. Both patent offices found that DABUS, being a machine, could hold no rights and could not transfer any rights as the inventor to the applicant as successor ...
Federal Court decides second round of fencing (patent) duel
This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...
Franchisors beware: pecuniary penalties wash Geowash clean
A recent Federal Court decision imposed significant pecuniary penalties on a franchisor as well as its sole director and national franchising manager for unfair dealings with franchisees ...