More than 30 small investors in the failed property development group, Dollarforce, are appealing to the corporate watchdog, ASIC, to freeze $10 million in assets before they are potentially used by a former director. Despite ASIC investigating Dollarforce’s founder and director, Cle...
In this Food Law Update: - Proposed changes to the Food Act 1984 (Vic) - Proposed changes to the Food Standards Code: GM foods and labelling of infant foods - Wine or wine product? FSANZ considers changes to wine labelling laws - ACCC takes a tough approach to fruit content labelling - ACCC...
Litigation Update - In This Update: Derivative actions on behalf of companies in liquidation. When a company is in liquidation, is it possible for a person (other than the liquidator) to bring a derivative action on its behalf? This question has arisen in several recent cases. The outcome, it appe...
Introduction Many construction contracts provide for a discretionary power in the superintendent to grant an extension whether or not a contractor is entitled to it or has brought a claim for an extension of time (discretionary extension of time). On the face of it, such clauses appear to operate ...
The Rudd government has released the final version of the National Employment Standards (NES) which will apply from January 2010 when the forward with fairness regime commences. The final draft has incorporated some of the changes suggested during the consultation process on the exposure draft NES r...
In brief: The Environmental Planning and Assessment Amendment Bill proposes the most significant reforms to the planning system since the inception of the Environmental Planning and Assessment Act 1979 (NSW). Partner Paul Lalich (view CV) and Lawyer Joy Lam report. How does it affect you? The i...
Blake Dawson's compliance training program salt™ secured another accolade by winning the Best Compliance Training Program award at the LearnX Asia Pacific 2008 E-Learning and Training Awards. The LearnX Awards are run by Training Australia Magazine - an independent training resource for in...
National law firm Slater & Gordon Limited announced today that it has executed an agreement to acquire the practice of Secombs Solicitors, an icon in Melbourne’s western suburbs with over 100 years of history in the area. The acquisition will enhance Slater & Gordon’s already...
Blake Dawson has won the prestigious Law Firm Of The Year: Australia & Oceania Award at the PLC Which lawyer? Law Firm Awards 2008. PLC Which lawyer? is a widely respected global guide to lawyers and law firms. It provides independent market research on leading lawyers in more than 100 count...
Blake Dawson are Australian law advisers to BHP Billiton on its all share offer for Rio Tinto, the world's second largest takeover bid, and the largest takeover offer for, or by, an Australian company. The offer was announced on 6 February 2008 and values Rio Tinto (as at that date) at approximately...
The Federal Court in Darwin has declared that VIPtel Mobile has engaged in multiple breaches of the Trade Practices Act 1974 during telemarketing calls to promote mobile services in the Northern Territory. The Australian Competition and Consumer Commission (ACCC) took VIPTel to the Federal Court...
The Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Bill 2008 (Bill) has been introduced into Federal Parliament. Currently, apart from a limited number of cinema products, there is a prohibition on advertising unclassified products. Due to technologic...
On 18 December 2007, the ACCC publicly reported on its inquiry into the cost of petrol in Australia. After a comprehensive six month inquiry, 25 public hearings and 377 pages, the report finds “no magic bullets, no easy answers, no easy solutions”. Not that anybody thought it would, ...
Freehills recently advised Queensland Investment Corp (QIC) on the sale of its landmark three-tower Central Plaza complex in Brisbane, with the aid of the firm’s cutting edge information technology systems. The $839.2million deal, which is believed to be the largest commercial property tra...
IN THIS UPDATE: - ACCC proposes to grant authorisation to particular provisions of ITCRA code of conduct - ACCC publishes views on next generation telecommunications networks - Australian IT firms encouraged to take advantage of opportunities in India - Federal Court upholds ACCC decision on ...
Evidence Amendment Act 2007 (NSW) - Anticipated amendments relating to client legal privilege. In Brief Amendments to the Evidence Act 1995 (NSW) will make important changes to the application of client legal privilege in New South Wales. When the amendments come into force, legal advice provid...
Australia's Communications Alliance has published the world's first quality of service guidelines for IP and VoIP networks. The guidelines were developed with industry and based on international recommendations. The VoIP guideline provides guidance on a number of factors including: - delay (...
The Australian Competition and Consumer Commission (ACCC) has amended its claims in the Federal Court against StoresOnline to include two new allegations of false or misleading conduct. Previously the ACCC commenced proceedings alleging that it had contravened undertakings made to the ACCC. ...
Revised PRC foreign investment catalogue – implications for real estate In brief: The National Development and Reform Commission and the Ministry of Commerce issued on 31 October 2007 a revised version of China's Foreign Investment Catalogue, which sets out the industries for which foreign i...
Blake Dawson has appointed Larry Diamond as its new Chief Financial Officer (CFO). Larry joins the firm from AON Corporation where he was General Manager-Finance and Company Secretary for the Australia-Pacific region. He has previously held positions with KPMG, AUM Australia as Chief Financial Offic...
Blake Dawson has received the Award for Excellence in IP Litigation – Asia Pacific at the WORLDLeaders International Intellectual Property Awards announced in London. The Excellence in IP Litigation Award was presented to the Blake Dawson IP group in London last week. The WORLDLeaders Inte...
The Australian Communications and Media Authority (ACMA) has confirmed the obligation on VoIP service providers to provide access to the emergency call number, 000. The Telecommunications (Emergency Call Service) Amendment Determination 2007 (No 1) amends the Telecommunications (Emergency Call S...
Radio Larrakia is no longer required to include representatives of the Top End Aboriginal Bush Broadcasting Association (TEABBA) and Larrakia Nation on its board and sub-committees. The Australian Communications and Media Authority (ACMA) has revoked the additional licence conditions imposed on radi...
The Minister for Communications, Technology and the Arts, Senator the Hon. Helen Coonan, has welcomed a partnership initiative between Foxtel and Austar which will see National Indigenous Television (NITV) broadcast to six million Australians through pay television. The current NITV content is b...
Australian News Channel has announced the launch of the Sky News Business Channel, Australia's first 24-hour television business news channel. The channel will deliver news on a range of areas including coverage of the ASX, consumer finance and personal investment. The channel will have an on-screen...
The Telecommunications Industry Ombudsman, Deirdre O'Donnell, has released the Annual Report 2007 which reports on the role of the Ombudsman's office in handling complaints, analysing and investigating issues and developing and reviewing codes. The primary function of the Telecommunications Industry...
Mallesons Stephen Jacques is advising premium alcoholic beverage producer, Lion Nathan, on the $325 million agreement entered into to purchase Tasmanian brewer J Boag & Son Pty Ltd from San Miguel Corporation. This is one of many strategic acquisitions Mallesons has worked alongside Lion Nat...
Blake Dawson advised on three CFO Magazine deals of the year announced this week. The winning deals in the 2007 CFO Awards included: - IPO of the Year – Boart Longyear - Structured Finance Transaction of the Year – Reliance Rail consortium - Project Finance Deal of the Year &ndas...
In This Update: - Dismissal for sexual harassment At a Glance - Disability discrimination - Restricted duties - "Reasonable" period to provide a medical certificate - Exemptions from anti-discrimination legislation - Industrial activity discrimination - Refusal of job transfer n...
Blake Dawson launched its shortened name with the firm's new visual identity today. The new name and brand identity caps off a year of substantial growth for the firm following a period of strategic restructuring and repositioning of the practice. Blake Dawson Chairman, Mary Padbury, said: &...
Telstra has announced that its Next G™ network is now bigger, better and faster than CDMA on every measure. The Next G™ network is reported to cover more than two million square kilometres and more than 98.9% of the Australian population, compared with 1.6 million square kilometres and m...
The Australian Communications and Media Authority has released discussion papers and draft instruments relating to proposed reforms to the regulation of internet and mobile content. There are three draft instruments to be considered: - a Restricted Access Systems Declaration; - an amendment to...
In this update: - Employer obligations when importing expertise - Injunctions to prevent termination of employment - Anti-money laundering and counter-terrorism financing – employee due diligence programs - Post-employment restraints – guidance around enforcement - Costs in unfa...
In this update: - Editorial - Can employees on AWAs vote on a protected action ballot? - When is a labour hire arrangement really an employment relationship? - What is reasonable notice of termination of employment? - STOP PRESS: ALRC Proposes Privacy Changes - Commission Curbs Award Vari...
In this update: - Can you handle the truth? If not, qualify it. - Equity derivatives - Panel Guidance update . - China - the long march to competition . To view this Law NEWS update from Blake Dawson Waldron Lawyers, please click here. Tags: Lawyer , Law News , Lawyer News , Find A Lawyer , L...
The Telecommunications (Interception and Access) Amendment Act 2007 (Cth) (Act) received Royal Assent on 28 September 2007, and amends the Telecommunications (Interception and Access) Act 1979 (Cth) (TIA Act). The Act implements "further recommendations from the Report on the Review of th...
The Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007 (Cth) (Act) commenced in part on 28 September 2007, with the remaining provisions commencing on 29 September 2007. The Act amends the Datacasting Charge (Imposition) Act 1998 (Cth), Australian Communications ...
In this update: - Back to basics - High Court's message to energy regulators in East Australian Pipeline Pty Limited v ACCC The High Court's decision provides important guidance about the interpretation of access regulation laws, particularly the National Third Party Access Code for Natural...
In this update: - New rules for documentary credits A new version of the Uniform Customs and Practice for Documentary Credits - UCP 600 - came into force on 1 July 2007. The new rules aim to provide certainty for parties involved in international trade. To view the official Law NEWS update from ...
In this update: - Xstrata Greenhouse Appeal - Case sent for re-hearing The Queensland Court of Appeal decided unanimously that fundamental problems in the way the Queensland Land and Resources Tribunal dealt with greenhouse-related objections when it decided an application by Xstrata for new mini...
A feud between Victoria's solicitors and non-lawyer conveyancers threatens to undermine the launch of an electronic conveyancing system that could cut $70 million from the cost of home ownership. Electronic Conveyancing Victoria is due to begin full operations on November 16 but there is a risk ...
In this update: This Bulletin outlines GST developments in September 2007 which may impact on your business. To view the official Law NEWS update from Blake Dawson Waldron Lawyers, please click here. Keywords: Lawyer , Law Firm , Law NEWS , Lawyer Directory , Law Firm Directory , Find A Lawyer...
In this update: Tax exempt asset finance laws are now in operation following the assent of the Tax Laws Amendment (2007 Measures No 5) Act 2007. To view the official Tax Law Bulletin from Blake Dawson Waldron Lawyers, please click here. ...
In this update: Tax concessions to facilitate carbon sink forests. - This update features a discussion of legislation recently introduced into parliament that provides a framework for the tax deductibility of capital expenditure incurred in establishing trees in carbon sink forests. To view the o...
The Communications Legislation Amendment (Miscellaneous Measures) Bill 2007 has been introduced into the Senate. The Bill amends the Broadcasting Services Act 1992 (Cth) (Act) to provide the Australian Communications and Media Authority (ACMA) with discretion to consider late applications for renewa...
The Australian domain name administrator, .auDA, has established the 2007 Names Policy Panel (Panel) to review the policies for allocation and use of .au domain names. The Panel has issued Draft Recommendations for the public's review and comments. The Draft Recommendations convey the Panel's ...
In response to the Department of Communications, Information Technology and the Arts (DCITA) Discussion Paper on "Fax Spam", the Office of the Privacy Commissioner (the Office) has issued a public submission. The Office considered that it is unlikely that most cases of unsolicited commerci...
The Government has introduced the Communications Legislation Amendment (Crime or Terrorism Related Internet Content) Bill 2007 into the Senate. If enacted, the Bill would amend the Broadcasting Services Act 1992 (Cth) (Act) to effectively enable the Australian Federal Police (AFP) to "black...
The Australian Government has released a final response to the House of Representatives Standing Committee on Science and Innovation's inquiry into pathways to technological innovation. The Government indicated its support for a number of the recommendations including: - better promoting the inn...
The Institute of Arbitrators & Mediators Australia (IAMA), the Australian Computer Society (ACS) and the Project Management Institute (PMI) have released the results of a 2006 survey of disputes within the ICT industry. The report discloses that almost half of the respondents' ICT contracts were...
The Australian Chamber of Commerce and Industry (ACCI) has expressed its disappointment at the Australian Law Reform Commission's (ALRC) recommendation that the small business exemption be removed from Australia's privacy laws. The ALRC's Discussion Paper on Australian privacy law indicates that...
In this update: This update features a number of legal developments in the commercial property area, including the principles regarding the power to grant compulsory easements, property issues in the sale and purchase of a business, the importance of registering leases, the lessee's liability for ...
In this update: This update discusses greenhouse reporting requirements, bilateral investment treaties, regulating carbon capture and storage, the current status of the Offshore Petroleum Act and the progress of Indonesia's new Mining Law. To view the official Resource & Energy Law update from...
In this update: Radical Privacy Law reforms proposed - This article takes a look at a discussion paper setting out the Australian Law Reform Commission's preliminary views on how Australia's complex privacy laws could be revamped. To view this Legal NEWS update from Blake Dawson Waldron Lawyers,...
In this update: This update covers the establishment of a national framework for greenhouse and energy reporting by companies, a recommendation that companies encourage shareholder participation through direct voting as an alternative to appointing a proxy and a discussion of the appeal in Vines v...
The Australian Communications and Media Authority (ACMA) has found that the community radio broadcaster 2QBN breached a condition of its licence as well as the Community Radio Code of Practice. ACMA issued a direction to the broadcaster requiring it to review its constitution and on-the-air announce...
The Minister for Communications, Information Technology and the Arts, the Hon Helen Coonan, has announced that her department will be co-ordinating an investigation into access to electronic media for the hearing impaired. Senator Coonan acknowledged that a number of initiatives are already proceedi...
The Australian Communications and Media Authority (ACMA) has recently handed down two decisions regarding alleged breaches of the Commercial Television Industry Code of Practice 2004 (the Code) by GTV Melbourne's licensee, General Television Corporation Pty Ltd. ACMA has found that an A Curren...
Australia is participating in the APEC Data Privacy Pathfinder Initiative, alongside 12 other APEC member countries (including Japan, China and the US). The initiative implements a series of practical projects that allow business to create its own cross-border privacy rules. Private sector entities,...
On 12 September 2007, the Australian Law Reform Commission (ALRC) released a 2,000 page discussion paper entitled Review of Australian Privacy Law. The discussion paper sets out the ALRC's preliminary views on how Australia's complex privacy laws could be revamped and calls for comments from interes...
In brief: The Federal Government has finally announced new regulations enabling financial services providers to incorporate by reference some of the information required to be included in retail disclosure documents. Consultant Derek Heath and Senior Associate Justine Woodford discuss the implicatio...
Obvious risks, reasonable responses and muddy waters. In brief: The High Court of Australia has found that a roads authority did not owe a duty to young persons using a bridge to prevent them from jumping and being injured by the shallow water below. However, as Partner Michael Quinlan (view CV) an...
In this issue: Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright and designs. Patents – Contributory infringement provisions of the Australian Patents Act 199...
Legislation on the mutual recognition of judgments. In brief: Last year, we reported on a groundbreaking agreement signed in July 2006 by the governments of the Hong Kong Special Administrative Region and the People's Republic of China to implement laws to recognise the judgments of each other's co...
Legislation on the mutual recognition of judgments. In brief: Last year, we reported on a groundbreaking agreement signed in July 2006 by the governments of the Hong Kong Special Administrative Region and the People's Republic of China to implement laws to recognise the judgments of each other's co...
In this update: - three important developments have been covered: the possible regulation of fax spam, the imposition of the largest penalty yet under an infringement notice for breach of the Spam Act and the first formal investigation under the Do Not Call Register Act. To view the official Legal...
In this update: "Birdsville amendments - off the beaten track?" This article discusses proposed amendments to s 46 of the Trade Practices Act that were announced this week by the Government. The proposed amendments seek a radical change to the Trade Practices Act by proposing to attach ...
In this update: "Does the duty of utmost good faith have any teeth?" is an article that discusses a High Court decision that a lack of good faith is not to be equated with dishonesty when considering section 13 of the Insurance Contracts Act 1984 To view this article from Blake Dawson Wa...
In this update: - The September 2007 GST Bulletin outlines Australian GST developments for August 2007 that may impact on your business. To view the official Legal NEWS update from Blake Dawson Waldron Lawyers, please click here....
In brief: - In August, the Commonwealth Government introduced legislation to establish a national system for greenhouse and energy reporting by companies. - This is seen as a necessary prerequisite to the introduction of an emissions trading scheme. - The first reporting period will be the fi...
Fremantle's community radio service, 6PCR, has requested that the Australian Communications and Media Authority (ACMA) allow 6PCR to change the community interest it is licensed to serve. 6CPR's current licence lists "the Portuguese speaking community of the licence area" as its community ...
The Australian Communications and Media Authority (ACMA) has recently announced the additional conditions that are to be imposed on the broadcasting licence of 2RBR Coraki, a community radio service based in New South Wales. The decision is in response to a number of issues that came to light duri...
The General Television Corporation (Nine) has been found in breach of the Commercial Television Industry Code of Practice by classifying an episode of Outrageous Fortune M when it contained MA15+ material. The Australian Communications and Media Authority (ACMA) received a complaint regarding th...
In response to the Spam Act Review, the Minister for Communication, Information Technology and the Arts, Senator Helen Coonan, has invited community and business comment on the impact of unsolicited commercial faxes on Australians. Senator Coonan reported the Spam Act Review's findings that Australi...
The second exposure draft of the Human Services (Enhanced Service Delivery) Bill 2007 contains a number of welcome privacy protections according to Privacy Commissioner, Karen Curtis. Ms Curtis commented favourably on the proposed oversight mechanisms, the provisions on confidentiality, the limits o...
On 20 August 2007 the Department of Communications, IT and the Arts launched its NetAlert website, providing Australian households, schools and libraries with access to free internet filters, information to educate parents about online dangers and details of a telephone helpline offering information...
ACCC arbitrations have concluded between Primus Telecommunications and Request Broadband regarding an access dispute over Telstra's supply of the Line Sharing Service (LSS). In an effort to provide guidance on what constitutes reasonable terms of access and pricing for the LSS, the ACCC has publishe...
In this update - Rights Issue Cleansing Notice vs. Prospectus Under recent changes to the Corporations Act 2001 (Cth), listed companies and managed investment schemes may now make a pro rata rights issue of securities (in an already quoted class) to existing security holders without a prospectus o...
In this update: Labor's IR Policy Implementation Plan - ALP Leader Kevin Rudd and Deputy Leader Julia Gillard have announced the Policy Implementation Plan for Labor's "Forward with Fairness" industrial relations policy. We summarise some of the principal features from the Implementatio...
In this update: - Shrek marketing activities did not contravene Food & Beverages Advertising Code The Advertising Standards Board recently held that Shrek marketing activities did not contravene the AANA Food & Beverages Advertising & Marketing Communications Code. The decisions provi...
The Minister for Industry, Tourism, and Resources, Ian MacFarlane, has released the results of 2 surveys conducted on public attitudes towards nanotechnology. Nanotechnology is described as "the manipulation of matter on an ultra-small scale to develop new products, devices and processes"....
The Australian Communications and Media Authority (ACMA) has decided to refrain from allocating a permanent community broadcasting licence that it advertised for the Young area. ACMA was not satisfied that the applicant for the licence, Lambing Flat Community Broadcasting Inc (LFCB), provided su...
The ACCC has issued its annual report on the telecommunications market (Report). The Report details the revenue, usage and market share numbers of the 5 major service providers (Telstra, Optus, Vodafone, Primus and AAPT) for the 2005-06 financial year. In brief, the Report indicates that: - ...
Senator Natasha Stott Despoja recently presented the second reading speech for the Privacy (Data Security Breach Notification) Amendment Bill 2007. The Bill will amend the Privacy Act 1988 (Cth) to require organisations and agencies to notify individuals where there has been a breach, or suspected b...
IceTV Pty Ltd (Ice) provides an interactive subscription-based electronic TV program guide (EPG), displaying details of programs scheduled to be broadcast on free-to-air television. The Nine Network Australia Pty Ltd (Nine) alleged that, in providing the EPG, Ice infringed Nine's copyright in its we...
The Telecommunications Legislation Amendment (Protecting Services for Rural and Regional Australia into the Future) Bill 2007 was introduced into the House of Representatives in June 2007. The Bill requires the Minister to take all reasonable steps to ensure that the Communications Fund Special Acco...
The Standing Committee on Legal and Constitutional Affairs has recently released a report on the Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Bill 2007. The Bill will amend the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (Act). ...
In this update: - The Revised ASX CGC Corporate Governance Principles and Recommendations - Don't forget your ASIC Form 389 - The Citigroup case To view the official 'Company Law & Goverance' update from Blake Dawson Waldron Lawyers, please click here. Legal News broug...
In this update: - Acceptance facilities v withdrawal rights - Hostile schemes - Final guidance on insider participation To view the official 'Takeovers' update from Blake Dawson Waldron Lawyers, please click here. Legal News brought to you by Australia's #1 Law Firm Directory - LawyerL...
In this update: Reforms to tax exempt asset financing arrangements. - Reforms to the taxation system of tax exempt asset financing arrangements have been introduced into Parliament. The new measures, when enacted, will benefit investment in Australian infrastructure. To view the official tax bull...
- On 17 July, the Commonwealth Government released its detailed response to the Prime Minister's Task Group on Emissions Trading, entitled Australia's Climate Change Policy: our economy, our environment, our future. - The Policy sets out the Howard Government's international and domestic climate c...
In this update - Australia and Japan agree on a new tax treaty On 3 August 2007, the Governments of Australia and Japan announced that they had reached an in principle agreement for the implementation of a new tax treaty. The major benefits include a substantial reduction in withholding taxes impo...
In this update: New health claims standard: Requirements for high level health claims approval process. In anticipation of the new standard food manufacturers need to consider whether they would like to make any high level health claims in relation to their products. To view the official legal ne...
The follow is a selection of the latest Law JOBS. In-House Senior Solicitor (Sydney) - Do you want a management role? - Do you have experience in administrative law or litigation? - Circa 250K One of Sydney's largest government departments is seeking a senior lawyer with a backgrou...
The Office of the Privacy Commissioner (Privacy Commissioner) has made submissions to the Senate Legal and Constitutional Affairs Committee on the Telecommunications (Interpretation and Access) Amendment Bill 2007 (Cth). The Bill aims to consolidate the Telecommunications (Interception and Access) A...
The Evidence Amendment (Journalists' Privilege) Act 2007 (Cth) (Act) commenced on 26 July 2007, amending the Evidence Act 1995 (Cth) by creating a privilege for communications made in confidence to journalists. The Act was drafted in response to recommendations made by the Australian Law Reform ...
Justice Sackville recently dismissed all of Seven Network Limited's (Seven) claims regarding its failed sports channel C7. Seven had alleged that a wide range of media corporations including News Limited, PBL and Foxtel had engaged in anti-competitive conduct, which in turn led to C7's downfall and ...
The follow jobs are our selection of the best legal jobs for today, Monday 6th August 2007. 2yrs PAE+ Commercial Litigator (Brisbane) - Long established, respected mid tier Interesting mix of work - Career Prospects - path to senior associate - Great opportunity for the junior litiga...
The Australian Communications and Media Authority (ACMA) has made the Submarine Cable (Northern Sydney Protection Zone) Declaration 2007 (Cth) and the Submarine Cable (Southern Sydney Protection Zone) Declaration 2007 (Cth) under subclause 4(1) of schedule 3A to the Telecommunications Act 1997 (Ct...
In this update Proportionate liability revisited - While proportionate liability legislation has been in force for a number of years, the interpretation of the legislation still raises significant issues. We consider the various interpretations which affect the resolution of claims. To view the o...
In this update: WA: Sweeping changes proposed for Equal Opportunity At a glance: - Vicarious liability extended - Victimisation complaints and taking disciplinary action - Production of employee’s counselling records in proceedings - Re-employment of a man found to have sexually hara...
From 20 July 2007 employers covered by the Workplace Relations Act 1996 (Cth) are required to provide a copy of a "Workplace Relations Fact Sheet" to all employees. New employees from 20 July 2007 must receive a copy of the Fact Sheet within 7 days of commencing as an employee. Exi...
In this update Income tax: Royalty witholding tax and the assignment of copyright - Draft taxation ruling TR 2007/D5 contains the Commissioner of Taxation's view on the circumstances in which consideration for an assignment of copyright will be treated as a royalty. To view the official article,...
In this update - This Bulletin outlines GST developments in June 2007 which may impact on your business. To view the official article, please click here. LawyerLink.com.au - Australia's #1 Law Firm Directory ...
In this update Commonwealth OHS Act - When is a contractor in control? - A recent case highlights the importance for employers bound by the Commonwealth OH&S Act to consider carefully whether a workplace is "controlled" by a contractor for construction or maintenance purposes and to...
In brief: - Changes to the business name registration process will create an online one‑stop shop for registration processes, allowing business owners to conduct trade mark searches on the same system which allows for ABN and business name registration. - The changes will help businesses...
In brief: Bluescope Steel Limited v Kelly [2007] FCA 517 - This case concerned the claims that an ex-employee had disclosed confidential information to a third party in breach of fiduciary and contractual obligations owed by him and when disclosing such information, infringed copyright in cert...
Bankstown Courthouse will open its doors to the Arabic community on Wednesday 1 August. The open day will include court tours and a range of seminars, all of which will be delivered in Arabic and English. Open day program: 9.45 am Official opening 10 am and 1 pm Court tour: How the court wor...
In brief: KD Kanopy Australasia v Insta Image [2007] FCA 481 - This decision is another example of the application of the “pith and marrow” doctrine under Australian law. - It is also a timely reminder to clearly document whether and to what extent licensees are “exclusive ...
In brief: Pfizer Products Inc v Karam [2006] FCA 1663 - The ground of opposition of a trade mark registration need only be established to the same standard of proof as any other matter is to be established in civil proceedings, ie there is no obligation to “clearly” establish such ...
In brief: Collins v Northern Territory of Australia [2006] FCA 1698 - This decision will assist suppliers of input products to understand when they may be held liable for contributory infringement should those inputs be subsequently used in infringement of a patented process. - It also gives...
In brief: GSM (Trademarks) Pty Ltd v Shao (No 3) (2006) FCA 1745 - While GSM faced a difficult opponent in this case, it did ultimately achieve a successful outcome; the counterfeit goods were destroyed and never made it into the marketplace, Mr Shao is subject to an injunction and GSM was awa...
In brief: Australasian Performing Right Association Limited v Monster Communications Pty Limited [2006] FCA 1806 - In this case the Federal Court considered a copyright infringement claim by APRA and AMCOS against Monster Communications Pty Limited (Monster) for the provision of downloads of mus...
In brief: - In the US Viacom has brought suit against YouTube and Google for numerous clips from Viacom programs posted by users on YouTube’s website. The defendants’ defence seeks to rely on US copyright “safe harbour” provisions, which shield ISPs from liability where t...
In brief: Consistent with their obligations for efficient and effective management of resources, Commonwealth agencies should consider potential opportunities for commercialising IP developed under IT outsourcing agreements. Commercialisation of IP developed under Australian Government IT o...
In brief: World of Technologies (Aust) Pty Ltd v Tempo (Aust) Pty Ltd [2007] FCA 114 - The Designs Act implements a stricter test for the validity of designs post-registration. - Rights in a registered design are not enforceable until a Certificate of Examination is issued. On 14 Februa...
In brief: The main legal issues emerging in connection with marketing in virtual worlds fall into two main areas: - the determination of ownership of intellectual property in virtual creations; and - the relevance and application of real world legal systems covering everything from contract ...
In brief: Cooper v Universal Music Australia Pty Ltd [2006] FCAFC 187 - In Cooper, the Full Federal Court found that the proprietor and host of a website that allowed links to music files on third party websites, as well as certain employees of the host, had authorised infringement of the owne...
In brief: Aristocrat Technologies Australia Pty Ltd v DAP Services (Kempsey) Pty Ltd (in liq) [2007] FCAFC 40 This case demonstrates that: - an applicant should, where it is able, adduce all evidence which may assist the court in assessing its damages. If it fails to do so, the court will ...
In brief: Foxtel Management Pty Ltd v Mod Shop Pty Ltd [2007] FCA 463 - This case shows the willingness of the courts to deter TV piracy by awarding significant additional damages against pay TV pirates. This decision of the Federal Court of Australia clearly shows the willingness of the ...
In brief: - The Commonwealth Government is currently undertaking a review of the Olympic Insignia Protection Act 1987 to determine whether it has been effective to prohibit or control ambush marketing. It should be expected that the review will lead to tighter controls over advertising associated ...
In brief: Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55 - Ventures where parties make different contributions to the venture activities can make questions of copyright licensing complicated. - The case demonstrates that the purpose for which an architect prepa...
In brief: - The ACCC proposes to make submissions to the Productivity Commission on changes to Australia’s consumer protection laws. - Businesses will need to consider the impact of the proposed changes to fair trading laws in regard to their marketing and advertising activities, as well...
About 40 people attended the Attorney General’s Department’s (AGD) second Alumni meeting on 12 July. The alumni members came along to meet and mingle, hear from key speakers and meet members who had volunteered to join the new Alumni Management Committee. Maree Perfrement, from t...
The NSW Registry of Births Deaths & Marriages has launched a new range of commemorative birth certificates. Commemorative certificates are designed to capture the joy and excitement of a birth. From both customer market research and staff feedback, the Registry has come up with a modern ...
NSW Premier Morris Iemma today unveiled a series of new anti-terrorism offences, steps to tighten NSW bail laws, and more powers to help police crack down on criminals. “We must always be vigilant about the threat to the safety of our citizens, that’s why our laws are under constant ...
NSW Premier Morris Iemma today unveiled a series of new anti-terrorism offences, steps to tighten NSW bail laws, and more powers to help police crack down on criminals. “We must always be vigilant about the threat to the safety of our citizens, that’s why our laws are under constant ...
NSW Premier Morris Iemma today unveiled a series of new anti-terrorism offences, steps to tighten NSW bail laws, and more powers to help police crack down on criminals. “We must always be vigilant about the threat to the safety of our citizens, that’s why our laws are under constant ...
NSW Premier Morris Iemma today unveiled a series of new anti-terrorism offences, steps to tighten NSW bail laws, and more powers to help police crack down on criminals. “We must always be vigilant about the threat to the safety of our citizens, that’s why our laws are under constant ...
NSW Premier Morris Iemma today unveiled a series of new anti-terrorism offences, steps to tighten NSW bail laws, and more powers to help police crack down on criminals. “We must always be vigilant about the threat to the safety of our citizens, that’s why our laws are under constant ...
Contrary to recent claims by the NSW Opposition the Government has no plans to close any of the state’s Local Courts and is examining ways of improving the system, Attorney General John Hatzistergos said today. “This review by the Attorney General’s Department is not unusual &n...
The NSW Attorney General John Hatzistergos today announced the completion of a $350,000 upgrade of Orange Courthouse’s video conferencing system. “The upgrade includes a new bail video conferencing suite for the local court, a new video conferencing suite for the district court and a...
Magistrates will work on weekends to help ensure consistency in the state’s justice system, NSW Attorney General John Hatzistergos announced today. From June 30, magistrates will preside over Parramatta Bail Court, where the majority of the state’s weekend bail applications are heard...
NSW Attorney General John Hatzistergos today announced Mark Ierace SC as the new Senior Public Defender. Mr Ierace has 26 years experience as a barrister including work as a public defender, a private criminal lawyer and as a prosecutor for the Commonwealth DPP and the United Nations Internation...
In brief: Visible Results Properties Inc v Sushi Train (Australia) Pty Ltd [2007] FCA 38 - This decision shows the importance of carefully drafting the claims of a patent specification. - Many of the issues explored by Justice Allsop could have been resolved, without reverting to the body ...
In brief: Burge v Swarbrick [2007] HCA 17 - It is important to consider whether an industrial design can be characterised as a work of artistic craftsmanship in order to decide whether to take advantage of the protection of the Copyright Act or the Designs Act. Whether a work is a work of...
In brief: Starr Partners Pty Ltd v Dem Prem Pty Ltd [2007] FCAFC 42 This case provides a useful restatement of the finer points to consider when comparing marks for deceptive similarity. It also highlights the contextual considerations the court will use to assess the perspective of an ordinar...
In brief: - The jurisdiction of the Federal Magistrates Court will be extended to hear trade mark and design matters, but not patent matters at this stage, as patent disputes are usually more complex. The Federal Government will extend the jurisdiction of the Federal Magistrates Court to he...
In brief: Honest Tea, Inc v Teavolution Pty Ltd [2007] ATMO 10 - Mere discussions with potential distributors and salespeople in Australia, without any contractual arrangements, actual sales or advertising within the jurisdiction will not suffice to establish use of a mark as a trade mark ...
In brief: TCN Channel Nine Pty Ltd v Network Ten Pty Ltd (No. 2) (2005) 145 FCR 35 - The new parody or satire defence may have created a very different outcome in The Panel proceedings. As discussed in the article on Comic relief, from 1 January this year, a new “fair dealing&r...
In brief: - A new parody or satire exception in the Copyright Act will assist creators, social commentators and media organisations to use copyright works for humorous purposes. A new “fair dealing” exception has been added to the Copyright Act 1968 (Cth) (the Act), for use of copy...
In brief: Lockwood Security Products Pty Ltd v Doric Products Pty Ltd [2007] HCA 21 - "Admissions" contained in a patent specification are not to be taken on their face, but rather should be weighed according to their probative force. - The prior art information for different cla...
In brief: Cadbury Schweppes Pty Ltd v Darell Lea Chocolate Shops Pty Ltd [2007] FCAFC 70 On 21 May 2007, the Full Federal Court of Australia allowed an appeal by Cadbury Schweppes against rival chocolate manufacturer Darrell Lea in the ongoing case about the use of the colour purple in the mark...
In this update: - Australia to implement emissions trading by 2012 - What will a national emissions trading scheme mean for Australian renewables? - Government Owned Corporations Amendment Act 2007 (Qld) - NEMMCO finds new power - Joint ventures: Pre-emptive rights - Western Au...
In this bulletin: - Injunction granted to protect confidential information - Taxation of Australian residents who temporarily leave Australia - The difference between qualifying and probationary periods - How your investigation can become derailed To view the official legal...
The Australian Communications and Media Authority (ACMA) has released an issues paper as part of its review of the Children’s Television Standards on free-to-air commercial television. The "Television Standards Review - Issues Paper" outlines several key issues to be considered in ...
On 25 June 2007 the Minister for Communications, Information Technology and the Arts, Senator Helen Coonan, released a discussion paper on issues associated with the operation of existing self-help analogue terrestrial television retransmission sites in the future digital environment. The disc...
The Australian Communications and Media Authority (ACMA) and the Australian Competition and Consumer Commission (ACCC) released a joint report titled "Communications Infrastructure and Services Availability in Australia 2006-07" on 26 June 2007. According to ACMA, a joint ACMA/ACCC r...
The Australian Communications and Media Authority (ACMA) has fined two companies for breaches of the Spam Act 2003 (Cth) (Spam Act). The Spam Act regulates unsolicited commercial electronic messaging in Australia, which can include emails, SMS messages, MMS messages, instant messaging messages or ...
The Australian Communications and Media Authority (ACMA) has announced an amendment to the Radiocommunications (Foreign Space Objects) Determination 2000 (Cth) (determination). The amendment was made pursuant to paragraph 16(1)(ca) of the Radiocommunications Act 1992 (Cth) (Act), which allows ACMA...
The Records Disposal Schedule – Information & Communications Technologies Records has been approved under the Territory Records (Records Disposal Schedule – Information and Communications Technologies Records) Approval 2007 (No. 1) (ACT). The Director of Territory Records is given au...
The Australian Communications and Media Authority (ACMA) has registered new codes of practice for subscription broadcasting television, subscription narrowcasting television, subscription narrowcasting radio and open narrowcasting radio services. ACMA introduced the new codes after a review of...
The Communications Legislation Amendment (Information Sharing and Datacasting) Bill 2007 (Cth) was introduced into Parliament on 20 June 2007. The main purpose of the Bill is to authorise the disclosure of protected information by the Australian Communications and Media Authority (ACMA) to governmen...
Clifford Chance today announced that revenues increased by 16% to £1,194 million (2006: £1,029m) for the financial year ended 30 April 2007. Excluding the effect of exchange rate changes, underlying growth was 18%. Average profit per equity partner was over £1 million...
International law firm, Clifford Chance LLP, has been ranked number one legal adviser in the Global and European M&A league tables for the first quarter of 2007, according to the latest published results from Bloomberg. According to the Bloomberg league tables, Clifford Chance is the top...
International law firm Clifford Chance LLP today announced the election of 38 lawyers to the partnership from the firm's 28-office global network. Managing partner David Childs commented: " We are delighted to admit 38 lawyers into the partnership this year, who represent all practice area...
The finance company being sued by former students of property entrepreneur Henry Kaye has lost its latest Supreme Court bid to block their class action. For the second time, Australian Finance Direct Limited, a subsidiary of the Hanover Group, had sought to end the class action and force thousan...
A Victorian woman who has suffered agonising pain for nearly a decade after a dental operation to correct an overbite has been awarded more than $1 million compensation. The mother-of-three sued her oral and maxillofacial surgeon in the County Court of Victoria after the 1997 surgery left her wi...
Lawyers for retirees who faced eviction after the collapse of the Money for Living equity release scheme have called on the major banks involved to sort out the troubled ownership status and future maintenance of the affected properties. The Supreme Court of Victoria and the Federal Court of Aus...
A KYNETON man disabled in a devastating car crash has been awarded $750,000 in damages. The 51-year-old received permanent spine injuries when the car he was travelling in rolled on the Calder Hwy near Elphinstone in January 2004. A Supreme Court jury in Ballarat yesterday awarded the former c...
Investors in the retirement village company Village Life are suing the company and three key directors at the time of the public offer for more than $30 million for failing to meet its claims about future profits and construction timetables. Law firm Slater & Gordon has commenced the cla...
The board of recently listed law firm Slater & Gordon Limited (ASX: SGH) announced today that it has executed an agreement for the acquisition of D’Arcys Solicitors, a Brisbane based firm specialising in Military Compensation. D’Arcys is one of Australia’s leading Military ...
South Croydon assistant coach Matt Fittolani was unhappy when the Eastern Football League banned him from coaching inside the boundary fence. The league argued that his wheelchair – Matt lost a leg in a car accident nearly 10 years ago – was a hazard. Matt wanted the same acc...
In this update - Changes to ETPs and Superannuation from 1 July 2007 The reforms to Australia's superannuation system commenced on 1 July 2007. Two key aspects of the reforms mean that employers will be able to make deductible superannuation contributions in respect of employees up to the ag...
Mallesons Stephen Jaques’ cutting edge work in Australia and Asia and its people initiatives have been praised with a broad range of awards. In the 2007 Who’s Who Legal Awards, Mallesons won Australian Law Firm of the Year. At the ALB China Awards, the firm won Real Estate & Cons...
Mallesons Stephen Jaques advised Tasmania based freight business, the Chas Kelly Transport Group, on its acquisition of the Patrick Bass Straight Shipping and Tasmanian Freight Forwarding businesses from the Toll group. The new operation is known as Searoad Shipping and Searoad Logistics. The bu...
In this update - A Simpler Regulatory System A practical guide to the Corporations Legislation Amendment (Simpler Regulatory System) Act 2007 The Corporations Legislation Amendment (Simpler Regulatory System) Act 2007 received Royal Assent on 28 June 2007. This update provides a general over...
In this update - ASIC v Citigroup Global Markets Australia Pty Ltd Earlier today, the Federal Court handed down its judgment in ASIC v Citigroup Global Markets Australia Pty Limited. Key to the decision was a finding that Citigroup had effectively 'contracted out' of any fiduciary relationsh...
In this update - Rights issues back on track This update reports on the Corporations Act changes that will facilitate rights issues, as well as the new proposed developments to be made to reverse the effect on the McNeil case which otherwise would have adverse tax consequences on rights issues. ...
In this update: Insurance policies, an insolvent insured and s 6 NSW Law Reform (Miscellaneous Provisions) Act If an insurance policy did not exist at the time of the event giving rise to liability, a third party claimant cannot directly claim against the insurer under section 6 of the Law R...
In this update: This bulletin outlines Australian GST developments in May 2007 which may impact on your business. To view the official legal news update from Blake Dawson Waldron Lawyers, please click here. ...
In this update - Designated Business Groups If your business needs to comply with anti-money laundering and counter-terrorism legislation you need to consider whether to form a designated business group (DBG), if you are a member of certain associated business entities. This update loo...
In this update Queensland introduces its Nuclear Facilities Prohibition Act Gaining value from patents Guidelines released for Mining Lease Applications under the Western Australian Mining Act The Newlands decision – Queensland rules greenhouse emissions not assessable AMPLA Model Ag...
On 30 March 2007, Special Minister of State Gary Nairn gave an address to the Australian Government Solicitor's Media & Communications Forum entitled "The Future of e-Government in Australia". The address covered various issues relating to technology and communications, including: ...
The G9 consortium, a group of Australian Internet service providers who in 2006 publicly stated their intention to "join forces" in order to upgrade Australia's telecommunications infrastructure, has announced the lodgement of a draft "Special Access Undertaking" regarding pricin...
As part of the Australian Law Reform Commission's (ALRC) review of Australia's federal privacy legislation, the ALRC has conducted workshops to investigate the attitudes that young people have towards privacy and confidential information. The ALRC conducts inquiries into areas of law at the request ...
A judgment was recently handed down in the case of APRA v Monster Communications Pty Ltd [2006] FCA 1806. Monster Communications Pty Ltd (Monster) provided downloads of copyright works to mobile telephone customers. The types of materials offered were ring tones, MP3 files and associated images....
The Australian Government Information Management Office (AGIMO), a branch of the Department of Finance and Administration, has released the remaining two parts of the Australian Government Smartcard Framework for public comment. "Smartcard" is the generic term given to a class of credi...
The Minister for Communications, Information Technology and the Arts, Senator Helen Coonan announced Wednesday 4 April 2007 as the day on which the Government’s media reform package would commence. The date was fixed by proclamation as the commencement date for Schedule 2 to the Broadcasting S...
Intellectual property assets represent a significant proportion of the total assets held by all businesses. Ensuring that both expenditure and income on the development, use, licensing and divestment of your business' intellectual property can be treated in the most beneficial way for taxation purpo...
On 13 April 2007, the Council of Australian Governments (COAG) met to discuss various issues, including energy reform. The Energy Reform Implementation Group (ERIG), established by COAG in 2006 to review Australia’s energy sector, produced a report, released on the same day: Energy Reform&mdas...
In January this year, New South Wales and the Commonwealth entered into a bilateral agreement under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The NSW bilateral agreement accredits the development assessment process under the NSW Environmental Planning and Assessmen...
With the Federal Government's Mandatory Renewable Energy Target likely to be met in 2008, a decline in renewables investment in Australia is expected. To help stem that decline, a number of state governments have recently introduced new incentives to encourage investment in renewable energy proj...
In this legal news update: On 5 February 2007, the Federal Court dismissed the Wongatha and Cosmo Newberry native title claims in their entirety. The Court dismissed each of the claims because they were not properly authorised by the relevant claim groups, but also made extensive adverse findi...
In this environmental law update: The Equator Principles are guidelines to enable financial institutions to manage social and environmental issues in project financing. Westpac was one of the original institutions to adopt the Principles. ANZ adopted them in December 2006. The Principles w...
Contamination update around Australia In this article, we review recent legal developments around Australia concerning site contamination, including: proposed amendments to the Assessment of Site Contamination NEPM; Western Australia's new contaminated land legislation; new guidelines in N...
In this update: Designated business groups A peek at Personal Property Securities reform Update on changes to interest withholding tax exemption Patenting financial instruments and business methods Choice Words – Financiers and Banks Blake Dawson Waldron...
Does the Commission have the power or jurisdiction to order payment of medical expenses which have not yet been incurred? Widdup v Hamilton [2006] NSWWCCPD 258 The President of The NSW Workers Compensation Commission recently considered whether the Commission had the power to make a declar...
Allens Arthur Robinson (AAR) is pleased to announce the following 12 lawyers have been elected to the partnership, effective July 1, 2007: Partner-elect Office Practice Areas Igor Bogdanich Melbourne Energy, mining and resources Marcus Clark Bangkok Corporate and M&A ...
Allens Arthur Robinson (AAR) confirms it is acting as legal counsel to Wesfarmers Limited in relation to its proposal to acquire the whole of Coles Group Limited. The AAR team is being led by Ewen Crouch and also includes partners Richard Kriedemann, David Wenger, Diccon Loxton and senior associ...
Mallesons Stephen Jaques has advised Sun Hung Kai Financial on Asia’s first property derivative. The Mallesons team was involved in structuring and documenting a price return swap under which Sun Hung Kai Financial sold exposure to the Hong Kong residential market to ABN AMRO in return for...
Mallesons Stephen Jaques’ market-leading legal expertise in Asia and Australia has been re-affirmed by two independent surveys and its level of client service praised by another. At International Financial Law Review’s 2007 Asian Awards, Mallesons was named Regional Law Firm of the Y...
2006 was another busy year for Mallesons Stephen Jaques’ project finance lawyers with the team acting on many of this market’s most significant transactions. According to analysis by Dealogic, Mallesons was number one in Australasian project finance (with a 29.1% market share) and nu...
Brisbane’s A$2.0 billion North-South Bypass Tunnel project, on which Mallesons Stephen Jaques acted as lead transactional lawyers for successful bidder RiverCity Motorway Consortium, has won Project Finance International magazine’s “Infrastructure Deal of 2006”. The proje...
Mallesons Stephen Jaques is acting as lead transactional lawyers to TRUenergy in its A$417 million agreed power station swap with AGL Energy. The swap features Australia’s largest gas fired power station, the 1,280 MW Torrens Island power station in South Australia. The Mallesons team have...
Mallesons Stephen Jaques has advised on two major Hong Kong initial public offerings (IPOs) - Kingboard Laminates Holdings Limited and Zhaojin Mining Industry Company Limited - which raised a combined US$1.03 billion in December 2006. The HK$5.8 billion (US$744 million) IPO of Kingboard Laminate...
Mallesons Stephen Jaques has assisted Telstra to finalise the largest property leasing arrangement in Brisbane’s history - a 50,000 square metre, 10 year lease agreement with leading property developer Charter Hall. Following completion of an extensive expression of interest campaign, negotiat...
In this update: Understanding and complying with the new Anti-Money Laundering and Counter-Terrorism Regime. On 30 March 2007 the new Anti-Money Laundering and Counter-Terrorism Financing Rules under the AML/CTF Act 2006 were released. We look at the obligations of businesses affe...
In this update: Corporate and financial services regulation review On 26 March 2007 the draft Corporations Amendment Regulations were released for public consultation. The regulations implement some of the issues identified by the Corporate and Financial Services Regulation Revie...
In this Alert: New prohibited practices laws for diagnostic imaging and pathology The Commonwealth Government has introduced amendments to the Health Insurance Act 1973 (Cth) relating to inappropriate and prohibited practices in diagnostic imaging and pathology services following a 2005...
In this update: Scheme v takeover - Is 75 always < 90? No-shop or go-shop? To view the official legal news update on Takeovers by Blake Dawson Waldron Lawyers please click here. ...
The Australasian Consumer Fraud Taskforce (Taskforce) has launched an initiative to educate Internet users about online fraud and internet scams. The Taskforce was established in March 2005, and comprises all of the governmental regulatory agencies and departments in Australia and New Zealand who ...
Foxtel has registered a special access undertaking with the Australian Competition and Consumer Commission in relation to its digital Pay TV set top boxes. The undertaking will permit independent providers of digital content channels – including interactive digital channels – to offer th...
On 7 February 2007, Allsop J handed down judgment in the case of Visible Results Properties Inc v Sushi Train (Australia) Pty Limited [2007] FCA 38. The Visible Results group of companies (Visible Results) had sued Sushi Train (Australia) Pty Ltd (Sushi Train) for infringement of its patent over a...
The Privacy Commissioner, Ms Karen Curtis, has called for reform of Australia's privacy legislation to address ambiguity and uncertainty in the present laws. Ms Curtis has made a 474 page submission to the Australian Law Reform Commission (ALRC) in response to its Issues Paper 31, part of the ALRC...
Statistics released recently by the World Intellectual Property Organisation (WIPO) indicate that the incidence of cybersquatting – the abusive registration of trade marks as domain names – continues to rise. WIPO reports a 25% increase over 2005 in the number of disputes filed with it...
In this update: From the editors Update on the new Trans-Tasman regulatory scheme for therapeutic goods Response to Bansemer Review of clinical trials and access to unapproved therapeutic goods ACIP Issues Paper on Post-Grant Patent Enforcement Strategies Stem cell rese...
In this alert: Contaminated Sites Update This Alert summarises how the Contaminated Sites Act 2003 (WA) may affect you and your business, including who must report contaminated sites and how land is classified following reporting. To view the full official Dirt Alert from Blake Daws...
Work Choices Employee Record Keeping Obligations: Penalties apply from 27 March 2007 The transitional period for compliance with employee record keeping obligations under the Workplace Relations Regulations 2006 (Cth) (the Regulations), which are made under the Workplace Relations Act 1996 (Ct...
In this Bulletin: To view the full official GST legal news article from Blake Dawson Waldron Lawyers, please click here. This bulletin outlines Australian GST developments in February 2007 which may impact on your business and it's legal obligations....
In this alert: Indemnification of directors and officers Amendments to the Trade Practices Act 1974 The Trade Practices Act now imposes restrictions on a company to indemnify its officers against a liability to pay a pecuniary penalty for a contravention of the restrictive trade pr...
In this update: Formal merger clearance process available On 1 January 2007 amendments to the Trade Practices Act 1974 commenced establishing a new "formal" process by which companies may seek clearance of their proposed acquisition from the ACCC. The ACCC has recently released...
On 7 March 2007, the Prime Minister and the Minister for Communications, Information Technology and the Arts announced the Australian Government's new Australian Broadband Guarantee, under which residents in broadband "blackspots" across Australia will be entitled to receive subsidised, ...
On 27 February 2007, the Office of the Privacy Commissioner (Office) released its submission to the Attorney-General's Department on the Exposure Draft of the Telecommunications (Interceptions and Access) Amendment Bill 2007 (Cth). The draft bill is part of the Federal Government's legislative...
The NSW Legislative Council Standing Committee on Law and Justice has released their final report on the inquiry into unfair terms in consumer contracts. This is likely to have a direct impact on users of internet, mobile phone and cable television services, amongst others. The report addresses the ...
In this Bulletin: Market snapshot APS 120: The changing prudential framework for securitisation Does GST apply to your fees? Changes to Prudential Standards for general insurers may impact the Kangaroo bond market Kangaroo issuers caught by ASX continuous disclosure ob...
In this Update: Conduct of surgeons allegedly anti-competitive. New disclosure requirements for contracts with NSW government agencies Qualified privilege for ACT clinical privileges committees RACGP seeks to expand scope of ACCC authorisation High Court to consider der...
In this Bulletin: Failure to renew fixed term contract – termination at the initiative of the employer? Implied terms of mutual trust and confidence and good faith Changes in taxation for temporary residents. Employees personally liable for misleading conduct . Enf...
In this Update: Members don't come last - High Court decision - Sons of Gwalia v Margaretic OHS Due diligence - A guide for Directors and CEOs To view the official news update from Blake Dawson Waldron Lawyers on Company Law & Governance click here. ...
In this Update: All disputes means All disputes. A decision of the Federal Court significantly widens the scope of arbitration clauses so as to include issues that are ancillary to the contract. In Comandate Marine the words "arising out of the contract" were fo...
In this Alert: New section 15A of the Freedom of Information Act 1989 (NSW), which came into effect on 1 January 2007, imposes routine disclosure requirements on government agencies contracting with the private sector. Government agencies need to be aware of their new obli...
In late 2006, the Independent Contractors Act 2006 (Cth) (Act), and associated amendments to the Workplace Relations Act 1996, passed through Federal parliament. The Act and the Independent Contractors Regulations 2007 will come into effect on 1 March 2007. The Act is a further stage in the Fe...
The Australian Communications and Media Authority (ACMA) has released for consultation a proposed local presence licence condition (licence condition) for regional commercial radio licensees. The proposed licence condition is part of the new obligations on regional commercial radio licensees that ...
National Indigenous TV Ltd (NITV) was launched in 2005 to aggregate and distribute Indigenous Australian TV content as part of the Government's Backing Indigenous Ability package. At present, such content is made available via a narrowcasting service - Imparja's satellite channel 31. Ordinarily, u...
The Australian Communications and Media Authority (ACMA) has called for submissions on its draft guidelines for narrowcasting television services, which have been released as part of a paper entitled Narrowcasting services on television – Guidelines and information about open narrowcasting t...
Independent Contractors Legislation Commences 1 March 2007 Our December 2006 Industrial Relations and Employment Alert confirmed that the Federal Government's independent contractors legislation had passed through the Federal Parliament, and would commence on a date to be proclaimed. It has ...
In this update: A new direction in Federal greenhouse policy? Mounting State pressure for greenhouse action. Gray’s case: The relevance of downstream greenhouse gas emissions for project approvals in NSW. The Newlands decision: A very different approach. The econom...
In this news update, Directors must begin asking awkward questions. In a market dominated by deals and high-profile chief executives, challenges for boards are acute. How they handle them depends on how effectively the non-executive directors work with management and advisers. The job specificatio...
This bulletin outlines Australian GST developments in January 2007 which may impact on your business. To view the official Blake Dawson Waldron Lawyers news article on the GST click here. ...
This bulletin outlines key developments in fringe benefits, pay-as-you-go, withholding, payroll tax and tax issues relating to other employment related payments and employee share schemes that have arisen between 1 November 2006 and 31 January 2007 which may impact on your business. To view the of...
In Brief The panel has published a draft guidance note applicable to bids involving directors, management and advisors of the target. Insiders should seek the consent of the board when approached by a potential bidder. Independent directors should establish protocols. No requir...
This bulletin outlines key developments in the taxation of superannuation contributions, superannuation benefits, and superannuation funds, the imposition of the superannuation guarantee charge and regulatory requirements relating to superannuation between 1 November 2006 and 31 January 2007 which m...
