2591-2600 of 4479 results
When performance is personal – the hazards of subcontracting without consent
A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...
Proposed regulation of offshore clean energy infrastructure – what you need to know
The proposed regulatory framework for offshore wind and other clean energy technologies and associated infrastructure in Commonwealth waters looks to be modelled on the regulation of offshore petroleum, with some key differences. ...
RBB Economics conference – response to keynote speech by ACCC Chair Rod Sims 21 November 2019
Note: this paper represented the personal views of the author, and not those of Allens Thank you very much, George and RBB Economics, for inviting me to speak today. I am honoured to be responding to the ACCC Chair Rod Sims's speech at the ninth annual RBB Economics Conference. ...
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 ...
The house always wins – the latest on Crown Resorts v Zantran
The Full Federal Court has overturned the trial decision in Crown Resorts Limited v Zantran Pty Limited [2020] FCAFC 1, and cast further light on the enforceability of employee confidentiality agreements in the context of civil litigation. ...