271-280 of 355 results
Brace for the Twitterstorm – US appeals court to decide whether embedded Tweets infringed copyright
A US district court judge has found that several online publishers infringed copyright when they embedded Tweets featuring a photograph protected by copyright. The decision has now been appealed, and could have far-reaching consequences for online media outlets. ...
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...
Update on the new costs rules in the Queensland Planning and Environment Court
A recent Queensland Planning and Environment Court decision sheds light on the application of the new rules for awarding costs following a trial Special Counsel Rosanne Meurling and Lawyer David Thorpe consider the recent judgment and provide an update regarding the implications for parties to ...
Proposed reforms to create a consistent proportionate liability regime
In response to concerns about inconsistencies across various state-based jurisdictions and following a public consultation process the Standing Council on Law and Justice has released revised draft model legislation to reform Australias proportionate liability laws Partner Andrea Martignoni and ...
A series of 'firsts' under the National Electricity Law
The Federal Court has issued the first court-ordered civil penalties for breaches of the National Electricity Rules demonstrating a willingness to apply an agreed pecuniary penalty negotiated by regulators and respondents This decision is important not just to the energy sector but also to ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Third parties are no bar to arbitration: A win for arbitration?
The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...
Federal Court sheds new light on public benefit test in Tatts/Tabcorp merger appeal
The Federal Courts decision about the proposed TabcorpTatts merger has provided significant clarification about the public benefit test for authorisations This is timely in light of the legislation before the Senate that proposes to combine the Tribunal authorisation process with the formal ACCC ...
Summary dismissal for theft found to be unfair
A recent decision of the Fair Work Commission has highlighted the importance of ensuring that the decision to summarily terminate an employee's employment is proportionate to their misconduct. ...
Trade mark owners beware
The Full Federal Court has put trademark owners in Australia making it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners conduct a critical analysis of their trade mark portfolios and ensure that valid rights ...