2631-2640 of 4452 results
NSW Government to prohibit scope 3 greenhouse gas emissions conditions
Conditions of development consent regulating scope 3 greenhouse gas (GHG) emissions outside Australia will be prohibited under proposed legislation introduced into the NSW Parliament. The draft legislation forms part of a package of measures announced by the Deputy Premier to provide certainty for mining investment, which includes continuing the previously announced review of the Independent Planning Commission (IPC). ...
Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a contractor elects to terminate a contract as a consequence of repudiation. ...
NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...
Australia's Modern Slavery Act – one year on
Australia's modern slavery reporting regime was introduced one year ago, and 2020 will see the first set of modern slavery statements published by reporting entities. ...
Freedom to Feta – where is Australia headed on geographical indications?
With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...
Computer-implemented business methods and manner of manufacture…where do we stand?
In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...
IP Australia moves towards protecting Indigenous knowledge
IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge ...
Bikinis from Way-back-when
In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...
Inducements in the corporate superannuation sector – guidance misses the mark
There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...
Goodbye, conflicted remuneration (and hello, conflicted remuneration)
This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...