Home About the Firm People Employment Events Legal Updates Newsletters Articles Contact

Newsletters

2013

Online Defamation - Significant reputational damages awarded - July 2013 

Recent decisions of the Victorian Supreme Court involving publication of defamatory material in the online environment indicate that the court will award significant damages for reputational damage [read more]

Australian Consumer Law, Businesses and the Carbon Price - May 2013

The Government has provided the ACCC with $12.8 million over the next four years in an effort to counter possible false and misleading representations in relation to the Carbon Pricing System. Businesses should ensure that before making any claims linking price increases with the carbon price that they can substantiate the claims [read more]

2012

The New Personal Property Securities Register - How Do it Effect Franchise Businesses? - May 2012

The new Personal Property Security Register is particularly relevant to franchise businesses. This update provide an overview of the complex law with regards to franchises business [read more].

The New Personal Property Securities Register - How Does it Effect Your Business? - April 2012

The Personal Property Securities Act 2009 (Cth) (PPS) came in affect on 30 January 2012 and introduced an Australia-wide legislative scheme for registering and enforcing all personal property securities. It replaces the State based registers with a single national electronic PPS register. This update provides an overview of the Act and its application to business, including answers to commonly asked question [read more].

2011

Mergers & Acquisitions: Competition Law Considerations following the Metcash decision - October 2011

The recent Federal Court decision in relation to the Metcash and Franklins proposed acquisition, highlights the commercial challenges that companies or businesses will face, if the competition regulator, the ACCC, refuses the merger/acquisition clearance and takes legal action to restrain the acquisition. This update provides a summary of the Federal Court decision, ACCC v Metcash, and highlights some of the factors that the court will consider in reviewing the ACCC's approach to merger/acquisition clearances. [read more].

Are you aware of the ACCC's industry code audit powers? - October 2011

Since the expansion of the ACCC's enforcement powers on 1 January 2011 under the Australian Consumer Law reforms, the ACCC now possesses extensive audit powers to monitor compliance with industry codes prescribed under the Competition and Consumer Act 2010. Currently, four industry codes are prescribed under this legislation, including: the Franchising Code, the Horticulture Code, the Oil Code, and the Unit Pricing Code. The ACCC has issued alerts that it will be utilising its enforcement powers to randomly audit franchisors' compliance with the Franchising Code of Conduct. The ACCC will focus on those who have been the subject of multiple complaints and those with a history of non-compliance [read more].

Australian Consumer Law Update: Consumer Guarantees & Warranties: Is Your Business Compliant? - September 2011

Australia's new consumer law regime, implemented under the Competition and Consumer Act 2010, introduced a comprehensive new framework of statutory consumer guarantees, which came into operation on 1 January 2011. This update provides an overview of the new consumer guarantees regime, discusses the impact of the Australian Consumer Law Regulations on businesses, and outlines the implications for non-compliance with the Competition and Consumer Act. [read more]

Trade Marks Update: Removing a Competitor's Mark from the Register for Non-Use - May 2011

This update provides an overview of the legislative provisions and recent case law in regards to removing a trade mark from the register for non-use. The landmark 2010 decision in E&J Gallo Winery v Lion Nathan Australia Pty offers the first consideration of this aspect of trade mark law by the High Court of Australia since 1977. This decision emphasises that trade mark owners or authorised users must use their trade marks in respect of the goods/services for which they are registered in Australia or face the risk of an application for removal on the grounds of non-use. [read more]

Australian Consumer Law Update: Do you "green wash"? Avoiding Green Marketing Legal Traps - March 2011

"Green washing" in advertising, is a powerful marketing tool, enabling advertisers to tap into the growing consumer market for environmentally friendly products and services. In response to the increased proliferation of green marketing in recent years, the Australian Competition and Consumer Commission ('ACCC') is cracking down on unsubstantiated or misleading "green" claims. If your business manufacturers, supplies or advertises products or services with statements about environment sustainability, recycling, energy and water efficiency, or the impact on animals or the environment, it is important to ensure that your claims are accurate and verifiable. [read more]

2010

Trade Practices Update: New Consumer Laws commencing 1 January 2011 - December 2010


Franchising Update: Warranties to Consumers & the new Competition and Consumer Act - December 2010


 

Trade Practices Update: ACCC cracks down on Trade Practices Compliance - November 2010


 

Intellectual Property Update: Government Grants Continue to Support SME Innovation - September 2010


Company Law & Intellectual Property Update: Directors' liability for intellectual property infringement -August 2010


 

Australian Consumer Law Update: Unfair Contract Provisions in force 1 July 2010, as more amendments pass Parliament - June 2010


Franchising reforms in force 1 July 2010: Franchisors face increased disclosure obligations - June 2010


 

Legal Traps: the Internet & the Office - Employer Liability for Empoyee Internet misuss - May 2010


 

Doing Business in China Update: Developments in Intellectual Property, Tax and Labour & Employment Law - April 2010


 

Franchising Update: Franchising reforms expand franchisor disclosure obligations - March 2010


 

Intellectual Property Update: New Government Grants Support Innovators of Intellectual Property - Febuary 2010


2009

Trade Practices Update: Franchising Code of Conduct and Unconscionable Conduct Review - December deadline for submissions to Expert Panel - December 2009


Legal Update: Green Marketing and Other Industry Codes - November 2009


Recent Issues in Business and Franchise Law - October 2009


Intellectual Property Update: Full Federal Court Confirms that Researchers Own their Inventions - October 2009


Cartel Conduct Criminalised under Trade Practices Reforms - September 2009


Therapeutic Goods Regulatory Reforms target false and misleading industry practices - August 2009


Innovation Patents Provide Protections Against Imitators - August 2009


ACCC crack-down on Misleading & Deceptive Advertising - July 2009


Protecting your Trademark from Unauthorised Use on Facebook URLs - June 2009


Trade Practices Compliance: New Laws on Component Pricing - May 2009


Arts Law Update: Parliamentary Committee reports on Resale Royalty for Visual Artists Bill 2008 - April 2009


Businesses fail to take advantage of collective bargaining protections - March 2009


Recent Developments in Copyright Law - February 2009


Competition Law Update: ACCC Releases Revised Merger Guidelines
2008 - January 20089

 

2008

 

Franchising Code of Conduct: Implications of the Ketchell decision - October 2008


Privacy Update: Radical overhaul of Privacy Laws proposed - October 2008


Recent Developments in Patent Law - September 2008


Comparative Advertising under the Spotlight - July 2008


Senate to Review Operations of Franchising Code of Conduct - July 2008


The Long Arm of the Law: Section 155 of the Trade Practices Act - May 2008


The Franchising Code of Conduct: Australian Rules Amended Effective 1 March 2008 - February 2008

The Franchising Code of Conduct: New Directions in 2008 - January 2008 

2007

Corporations Law Update: Recent Decisions About Directors' Duties and Liabilities - October 2007


Understanding Independent Contractors: Intellectual Property Rights and the Impact of New Legislation on Business - August 2007


International Expansions - Is Your Business Ready? - June 2007


Therapeutic Products Regulation Update - Australian New Zealand Therapeutic Products Authority (ANZTPA) - April 2007


Trade Marks Registration in Respect of Therapeutic Goods in Australia - March 2007


Review of Disclosure Provisions in Franchising Code of Conduct - February 2007

2006

Overview of Amendments to Australian Copyright Law - December 2006


Intellectual Property Amendment Act 2006 - October 2006


Recent Developments in the Law Relating to Franchising - September 2006


Spam Act 2003 (Cth) First Successful Prosecution - June 2006

Infringing Trade Marks with Descriptive Statements - May 2006

2005

The Australia-USA Free Trade Agreement Intellectual Property - December 2005


Copyright Infringement - Grokster's Case - August 2005


Franchising Law Update - June 2005


Misleading and Deceptive Advertising - Section 52 Trade Practices Act 1974 (Cth) - February 2005

2004

Recent Developments in Copyright Law - Changes to Copyright Legislation - December 2004


Brand Protection - Recent Cases on Brand 'Piracy' - October 2004


Trade Practices Legislation Amendment Bill 2004 - September 2004


Protecting Your Business Interests- Restraint Of Trade Clauses - August 2004


Misleading And Deceptive Conduct- Trade Practice Act 1974 (Cth) - July 2004


Price Fixing: Prohibited Anti-Competitive Conduct - June 2004


Changes to Australian Designs Laws - May 2004


Spam Act 2003 (Cth) - Implications for Direct Marketing - March 2004


Legal Risks Associated with Email and Internet Use and Abuse by Employees - February 2004

LEAP Website | Powered by LEAP Legal Software | Legal practice management software