2721-2730 of 4478 results
FWC finds dismissal for Facebook post unfair
The Fair Work Commission recently decided that while an employee's Facebook post breached her employment contract and her employer's social media policy, her dismissal was harsh because it didn't take into account her medical condition, her length of service and the lack of any previous performance issues. ...
The Full Federal Court dismisses the appeal in Encompass Corporation v InfoTrack
The Full Federal Court decision in Encompass Corporation v InfoTrack confirms that 'computer-implementation' is insufficient to provide patentability to an otherwise unpatentable scheme. ...
Builders' duty of care for defective works continues to narrow
A recent UK decision1 continues the judicial trend of limiting the circumstances in which a builder will be liable in negligence for pure economic loss caused by its defective works. ...
The Launches and Returns Act: one of the most significant updates to the Space Activities Act since its implementation
On 31 August 2018, the Space Activities Act 1998 (Cth) (Space Activities Act) was amended by the Space Activities Amendment (Launches & Return) Act 2018 (Cth). ...
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. ...
A pattern of infringement
The recent decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 on what constitutes the reproduction of a substantial part of a copyright work offers a timely reminder for Australian textile merchants on how best to thread the needle when purchasing designs from third-party manu ...
ACCC's good result in bad faith claim
The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...
'Best method' a heavy burden for patentees
Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...
McDonald's gets bite taken out of trade mark portfolio
The European Union Intellectual Property Office recently revoked the McDonald's 'BIG MAC' trade mark. Associate Emma Gorrie and Summer Clerk Spiro Kalavritinos detail how one of the world's most well-known brands suffered this blow in relation to its namesake product. ...
Major new corporate and financial sector penalties - what they mean for you
New legislation that greatly increases penalties for corporate and financial sector misconduct will have wide-ranging and significant effects Partner Alex Mason Managing Associate Chris Kerrigan and Associate Rachele Troup report ...