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Intellectual Property and Technology

December Blitz – ACCC commences proceedings against Lorna Jane, Facebook and Retail Food Group for alleged misleading claims

In the final weeks of 2020, the ACCC announced that it had commenced three sets of proceedings against several large companies for allegedly either making false or misleading representations or engaging in misleading or deceptive conduct.   Th...

Published by Chiara Rawlins
4 February, 2021
Intellectual Property and Technology

Don’t discount your obligations under the Australian Consumer Law – Kogan’s Tax Time Promotion held to be misleading and deceptive

With many retailers now predominantly relying on online sales promotions to generate market interest, the decision of Australian Competition and Consumer Commission v Kogan Australia Pty Ltd [2020] FCA 1004, serves as a timely reminder to re...

Published by Chiara Rawlins
16 September, 2020
Intellectual Property and Technology

Director Identification Numbers – New regulatory requirements for company directors

In our previous article, The year ahead for directors: what's in store for 2020?, we noted the potential introduction of Director Identific...

Published by Foez Dewan
20 July, 2020
Intellectual Property and Technology

Defamation in the Google age: search engines as publishers of defamatory content

In the recent decision of Defteros v Google LLC [2020] VSC 219, the Supreme Court of Victoria held search engine Google liable for "publishing" defamatory material. In doing so, the decision has extended the reach of defamation to encompass ...

Published by Andrew Lacey
15 June, 2020
Intellectual Property and Technology

Cassimatis v ASIC – shareholders cannot ratify a breach by the directors of their statutory duty of care and diligence

In March 2020 the Full Federal Court, in a considerably lengthy judgement, dismissed (2-1) an appeal by the former directors of Storm Financial Pty Ltd (Storm), which infamously collapsed in the wake of the Global Financial Crisis in...

Published by Foez Dewan
9 June, 2020
Intellectual Property and Technology

Court of Appeal confirms that media outlets are ‘publishers’ of defamatory comments made on their Facebook pages by third parties

On 1 June 2020, the New South Wales Court of Appeal handed down the decision of Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102, upholding the finding by a single judge that medi...

Published by Chiara Rawlins
2 June, 2020
Intellectual Property and Technology

Donations & trust fund distributions: the Celeste Barber decision

The case of In the matter of the New South Wales Rural Fire Service & Brigades Donations Fund; Application of Macdonald & Or [2020] NSWSC 604 was handed down on Monday, 25 May 2020 with the Supreme Court advising that the $51 million...

Published by Andrew Lacey
1 June, 2020
Intellectual Property and Technology

Directors personally liable for unpaid GST as of 1 April 2020

In our article, The year ahead for directors: what’s in store for 2020?, we discussed the ramifications of the Treasury Laws Amendment ...

Published by Andrew Lacey
1 April, 2020
Employment

How much is too much? The Federal Court grants leave to disclaim a Litigation Funding Agreement with an 80% funder’s premium

What makes a contract an unprofitable contract which can be disclaimed by a trustee in bankruptcy without the leave of the Court under section 133(5A) of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act)? Can a litigation fundi...

Published by Andrew Lacey
9 March, 2020
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