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Gross Abuse of 457 Visa Sees Man held in "Conditions Akin to Slavery"

Mr Ram, a functionally illiterate Indian national with poor English speaking skills, has been awarded nearly $200,000 after the Federal Circuit Court [FCC] in Ram v D&D Indian Fine Food Pty Ltd & Anor [2015] FCCA 389...

Published by McCabes News
22 April, 2015
Litigation and Dispute Resolution

Tenuous Trusts

The High Court has recently clarified what is required for the creation of an express trust (Korda & Ors v Australian Executor Trustees (SA) Ltd [2015] HCA 6 (Korda)). To be effective, express trusts must satisfy the th...

Published by Andrew Lacey
14 April, 2015

Pirates, Copyright and Privacy: the Dallas Buyers Club vs ISPs verdict

In what appears to be a win for copyright holders, the Federal Court of Australia (Court) in Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 ordered iiNet and five other ISPs (ISPs) to hand over the na...

Published by Andrew Lacey
10 April, 2015

"Are we there yet?" – When are proceedings over for the purposes of enforcement

The Full Court of the Federal Court of Australia have confirmed that a judgment on assessed costs is a final orders for the purposes of the Bankruptcy Act 1966 (Cth) (Act), and therefore that a costs order can ground a bankr...

Published by Andrew Lacey
8 April, 2015
Building and Construction

Compelling a Trustee to make Distribution – Saunders v Vautier

Beck v Henley & Anor [2014] NSWCA 201   Background Tami and Ami were residuary beneficiaries of a testamentary trust which owned 50% of the voting shares in a proprietary company. The trust was established to "sell call in collect ...

Published by Andrew Lacey
25 March, 2015

Pharrell Williams and Robin Thicke infringe Marvin Gaye’s copyright

A Californian jury has recently ordered pop stars Pharrell Williams and Robin Thicke to pay nearly $US7.4 million to Marvin Gaye's children after ruling the pair had copied parts of Gaye's song 'Got to Give It Up' in writing the 2013 hit '

Published by Andrew Lacey
24 March, 2015
Government and Administrative Law

Small errors lead to large consequences

The Perils of Ambiguity in Bankruptcy Notices The Bankruptcy Act ('the Act') is prescriptive as to the form and content of bankruptcy notices. Courts have often observed that close observance of the rules is necessary in light of the serious...

Published by Andrew Lacey
23 March, 2015
Intellectual Property and Technology

Eavesdropping – can private conversations be recorded?

If someone records a telephone conversation without the express or implied consent of the parties to that conversation, it is highly likely that, by doing so, that person has committed an offence. Two legislative instruments regulate the recording o...

Published by Andrew Lacey
19 March, 2015

Protecting Commercial Viability Not Necessarily Anti-Competitive

Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd [2015] FCA 113 In what has turned out to be another unsuccessful attempt by the ACCC to prosecute a misuse of market power case, the Federal Court of Australia, in Austral...

Published by Andrew Lacey
18 March, 2015

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