721-730 of 771 results
Civil penalties: are negotiated outcomes still negotiable?
A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...
Seeing red over yellow
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 ...
School chaplaincy program remains out of bounds of federal power
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 ...
Media control and ownership: (re)starting the discussion
A policy background paper on media control and ownership released by the federal Department of Communications aims to restart the discussion on media law reform The paper does not draw conclusions or make recommendations but adopts a deregulatory tone Partner Ian McGill Senior Associate Matt Vitins ...
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
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. ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
Fact sheet: Sharing is caring - but it may also be taxable!
A current trend in our society is our willingness to share whether it be our home office or our time This sharing economy is set to grow and with that growth comes increased ATO scrutiny ...
Privacy Awareness Week Update
To coincide with Privacy Awareness Week, the OAIC has released a number of business resources. This Insight considers the key implications for stakeholders. ...