2571-2580 of 4412 results
ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
Fonterra v Vitasoy: Turns out you really can grow milk
The Registrar's recent decision in Fonterra Co-Operative Group Limited v Vitasoy International Singapore Pte Ltd reaffirms an assumption of level-headedness in the average consumer, capable of identifying and embracing the spirit of trade marks containing connotations rather than being misled ...
IPONZ fee changes – how you can save on patent and trade mark fees
On 13 February 2020, official patent fees will significantly increase in New Zealand, while certain trade mark fees are set to decrease. Associate Claire Gregg outlines the new fee structure and potential ways to save. ...
Dealing with data: emerging trends in M&A transactions
Data remains one of the most undervalued assets, with most companies still failing to even include it as an asset on their balance sheet. Buyers and sellers who can recognise data assets and properly demonstrate how value can be extracted from them will be best placed for future M&A transactions. ...
Employer's attempt to dismiss controversial employee costs $1.2 million in compensation
The Federal Circuit Court of Australia awarded a professor more than $1.2 million after his employer, a university, used 'cherry-picked' parts of his writings to justify his dismissal. ...
New superannuation opt-out for high income earners
From 1 January 2020, individuals who have more than one job may be able to opt out of receiving super contributions from all of their employers. ...
Energy regulation – a big stick for electricity and a white paper for gas
The Federal Government's 'big stick' energy Bill, which will define and prohibit several new types of misconduct in electricity markets, is progressing through Parliament. Meanwhile, COAG has instigated a holistic review of gas pipeline regulation and is considering improvements to transparency meas ...
TGA guidance on the promotion of medicinal cannabis
The Therapeutic Goods Administration (TGA) has issued guidance on advertising to the public for businesses involved with medicinal cannabis products and therapies. Along with advertising restrictions, ...
Use of your own name must be in good faith
Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...