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Clues for industry in ASIC'S Strategic Outlook
Insight 24 Oct 2014

ASICs recently published Strategic Outlook outlines its priorities for responding to the key risks it believes will affect investors and gives some interesting clues into what industry participants can expect from ASIC over the next 12 months such as more surveillance of insider trading breaches of ...

The hotel window closes - no vulnerability where a contract exists
Insight 20 Oct 2014

The High Court recently overturned a NSW Court of Appeal decision that stated a building contractor owed a duty of care for pure economic loss for defective work to a successor in title to the developer of commercial premises. ...

ASIC seeking feedback on electronic disclosure proposals
Insight 17 Nov 2014

The Australian Securities and Investments Commission is seeking feedback on proposals to help facilitate the increased use of electronic means of providing disclosure for financial products and services The proposals include new class order relief to facilitate the increased use of multimedia ...

Isolated genetic material confirmed as patentable
Insight 12 Sep 2014

In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...

Seeing red over yellow
Insight 05 May 2014

The difficulty of registering a colour mark or word mark denoting a colour that include issues of market place recognition was highlighted by a recent set of appeals revolving around the use of the word Yellow in a tussle between various business directory goods and service providers Partner Sarah ...

Productivity Commission - third party litigation funding and contingency fees
Insight 17 Apr 2014

The Productivity Commissions draft report on its inquiry into Australias system of civil dispute resolution has now been released The comprehensive review focuses on ways to constrain costs and promote access to justice One of the areas the Productivity Commission is examining is Australias private ...

School chaplaincy program remains out of bounds of federal power
Insight 26 Jun 2014

In a decision that has potential implications for a raft of Federal Government programs the High Court held that legislation passed to authorise hundreds of government funding arrangements is invalid insofar as it relates to the national schools chaplaincy program The decision once again confirms ...

Ashley Madison - litigation risks exposed
Insight 15 Sep 2015

The recent hacking of website AshleyMadisoncom has exposed the websites parent companies to lawsuits in the US and Canada and has attracted the attention of the Australian Privacy Commissioner ...

When is a trust a commercial necessity?
Insight 10 Mar 2015

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. ...

Important clarifications of Australian trade mark registrability
Insight 16 Feb 2015

Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...

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