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Insolvency

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
Insolvency

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
Litigation and Dispute Resolution

No High Court sympathy for pranksters

Readers would recall the Today FM controversy in which two radio presenters phoned the London hospital at which the Duchess of Cambridge was due to give birth, impersonating Queen Elizabeth II and Prince Charles, and enquired about...

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

The High Court is strict yet flexible – statutory time limits for liquidators seeking to commence voidable transactions proceedings

Ability to seek an extension of time Section 588FF(3) of the Corporations Act 2001 (the Act) provides liquidators with a mechanism by which to obtain an extension of time within which proceedings against the recipients of vo...

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

Will Vendors with Swimming Pools ever be forced into Compliance?

Since 2013 the State Government has been trying to introduce new laws that will require vendors (and landlords) to include a certificate of compliance or occupation certificate for any contracts for sale of land (or residential tenancy agreements) on...

Published by McCabes News
12 March, 2015
Insolvency

Arbitrate or Adjudicate – do you still get a choice?

Are parties who agree to arbitration clauses ultimately relinquishing their right to resolve disputes pursuant to the jurisdiction of the court? Contracting parties are increasingly including 'arbitration clauses' in contracts. These clauses allow p...

Published by Andrew Lacey
10 March, 2015
Litigation and Dispute Resolution

Equitable estoppel – aiding victims of broken non-contractual promises

In an ideal world persons would protect themselves by not investing time and/or money in a project without a contract having been drawn up and executed. However the reality is that persons do often invest time and/or money without a contract, particu...

Published by Andrew Lacey
10 March, 2015
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