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Australian Uniform Defamation Laws

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Defamation is a common law tort governed by the Uniform Defamation Laws enacted across Australian States and Territories in 2005 and 2006. Under the Uniform Defamation Laws a publication will be defamatory if the published material has consequences of: 1. Exposing the person to ridicule; or 2. Lowering the person’s reputation in the eyes of members of the community; or 3. Causes people to shun or avoid the person; or 4. Injures the person’s … [Read more...]

Copyright in Photographs – Perils of Online Copying

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Copyright in Photographs – Perils of online copying - October 2014 By Katarina Klaric, Principal, Stephens Lawyers & Consultants There is a common misconception by internet users that photographic images found on the internet, websites and social media sites such as Facebook, Twitter and Instagram can be freely copied and used for commercial purposes without the licence of the copyright owner. The recent decision of the Federal Court … [Read more...]

Copyright in Photographs – The Case of Corby v Allen & Unwin Pty Ltd [2013] FCA 370

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Corby v Allen & Unwin Pty Ltd [2013] FCA 370  The Federal Court case of Corby v Allen & Unwin Pty Ltd (“Corby case”) illustrates the risks associated with not taking adequate steps to ascertain the copyright ownership in photographs and not obtaining permission or licences from the copyright owner. The Corby case involved a copyright infringement claim by the sister (Mercedes Corby), brother (Michael Corby) and mother (Roseleigh … [Read more...]

Legal Business Structures for Bands & Musical Ensembles

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Legal Business Structures For Bands and Musical Ensembles - September, 2014 Music is our passion, why complicate it with legalities and company structures? Emerging bands rarely consider legal and business issues associated with the band’s activities which may include, live performance, concerts, touring, recording, marketing, distribution and sale of their recorded music and associated merchandise. Most bands exist as an informal … [Read more...]

Australian Consumer Law – ACCC action on Carbon Price claims

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Stephens Lawyers & Consultants Legal Update: July 2013 The ACCC continues to target the energy sector for possible false or misleading representations made by businesses that relate price rises with the impact of the carbon price. In the first 100 days since the commencement of the carbon price on 1 July 2012 the ACCC received close to 1,500 complaints and enquires relating to the carbon price.1 The ACCC has already taken action … [Read more...]

Online Defamation – Significant damages for reputational damage

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Stephens Lawyers & Consultants Newsletter: 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. Websites, blogs, emails and social media such as Twitter, Facebook and Instagram all provide businesses, non-for-profit organisations and individuals with the ability to promote and market … [Read more...]

Australian Trade Mark Protection Online Businesses

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Stephens Lawyers and Consultants Trade Mark Legal Update: October 2013 Under Australian law there is no legal requirement to register a trade mark or brand name to use it, however there are many benefits of trade mark registration. Although protection against misrepresentation under Australian Consumer Law1  and passing off is available to both owners of registered and unregistered trade marks, such actions can be expensive, time consuming and … [Read more...]

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

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Australian Consumer Law, Businesses & the Carbon Price Stephens Lawyers & Consultants Legal Update: May 2013 Businesses should be aware that 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.1 The Clean Energy Future package, which consisted of 18 different pieces of legislation, ushered in a … [Read more...]

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

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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]. … [Read more...]

Are you aware of the ACCC’s industry code audit powers? – October 2011

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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 … [Read more...]

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

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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 … [Read more...]

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

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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 … [Read more...]

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

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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 … [Read more...]

Australian Consumer Law Update: Do you “green wash”? Avoiding Green Marketing Legal Traps – March 2011

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"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 … [Read more...]

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