Drug driving truckies and outraging public decency

This post was originally published on this site

ABC Radio

Mohinda Singh, the truck driver responsible for the deaths of four Victorian police officers has been sentenced to a non parole period of 18 years. Richard Pusey, who callously filmed the tragedy has also been sentenced to 10 months jail after pleading guilty to a number of offences including

Trade Mark Re-filing and Bad Faith – Go Directly to Jail. Do Not Pass GO, Do Not Collect $200 – Part Two: General Court Ruling

This post was originally published on this site

Liz Bodey

On 21 April 2021, the General Court of the European Union refused Hasbro’s appeal to overturn a decision that partially invalidated its EU trade mark for MONOPOLY on the ground of acting in bad faith when filing the application. The judgement by the General Court has ramifications for brand

ACCC v Superfone

This post was originally published on this site

noreply@blogger.com (Mike Terceiro)

It is always a shame when regulatory action drives a genuine business out of business.

Here was a very small business which made some mistakes, admitted those mistakes and then sought to come to a settlement which would have allowed the business to continue trading and servicing its 1200 customers.

Unfortunately, that

Would Scrapping Stamp Duty Benefit Victorians?

This post was originally published on this site

In starting with a brief refresher, stamp duty is the land transfer tax. It’s calculated based on a home’s open market property value.

The number isn’t a set percentage or fixed rate but is calculated on a sliding scale. Stamp duty varies throughout Australia, but here are the standard costs

British Amateur Gymnastics Association rolls and tumbles to trade mark enforcement against UK Gymnastics – UK Court of Appeal upholds trade mark infringement finding

This post was originally published on this site

Liz Bodey

A recent UK Court of Appeal case has highlighted the importance of assessing the conceptual similarity of marks and not just their aural and visual similarities, when considering a potential trade mark infringement.

The UK Court of Appeal was hearing an appeal from a decision of the Intellectual Property

ACCC v Cussons

This post was originally published on this site

noreply@blogger.com (Mike Terceiro)

While I agree that the ACCC should not be deterred from running hard cases, they have to ensure that they run the hard cases better. As noted by Wigney J:

24 Regrettably, the Commission’s “hub and spoke” case also lacked clarity and particularity. As events transpired, it also lacked merit.

26 Somewhat

Full Court dismisses Volkswagen $125m penalty appeal

This post was originally published on this site

noreply@blogger.com (Mike Terceiro)

Wow! I didn’t see this coming. The Full Federal Court has dismissed what was effectively a joint appeal by Volkswagen and the ACCC to reduce Judge Foster’s $125 million penalty to the agreed Volkswagen / ACCC penalty of $75 million. The Full Court held that the $125 million penalty was

Just One More Thing For Swatch and Apple to Fight About

This post was originally published on this site

Liz Bodey

Since the launch of the Apple Watch in 2015, Apple and Swatch, a well-known Swedish watch manufacturer, have been involved in a number of trade mark disputes in their now overlapping product markets.

These disputes have concerned the marks ‘I-WATCH’ and ‘I-SWATCH’, ‘TICK DIFFERENT’ and ‘THINK DIFFERENT’ and, more

A Fair Use Tale, or All’s Well That Ends: the U.S. Supreme Court Holds Google’s Use of Java Code to Be a Fair Use under U.S. Copyright Law

This post was originally published on this site

Lorie Lambert

By: Mark H. WittowPaul J. BrueneTrevor M. Gates

On 5 April 2021, the U.S. Supreme Court resolved a major copyright dispute that had wound through the federal courts for over a decade. In a 6-2 decision written by Justice Breyer, the Supreme Court held that Google’s copying of roughly 11,500

Restrictive Covenants in Victoria–theory and practice

This post was originally published on this site

Matthew Townsend

The attached paper is an updated presentation to the University of Melbourne’s undergraduate Property Law class in April 2021. It provides a relatively comprehensive overview of the law in relation to restrictive covenants in Victoria. Comments are welcome townsend@vicbar.com.au

Amendments to China’s Copyright Law

This post was originally published on this site

Liz Bodey

The first substantial amendments to China’s Copyright Law in 20 years were passed in November 2020 and will come into effect on 1 June 2021 (the Amendments). The Amendments primarily focus on enhancing protections for copyright owners, better aligning China’s Copyright Law with international standards, and implementing the Beijing

The findings of two significant Coronial Inquests

This post was originally published on this site

ABC Radio

NSW State Coroner Teresa O’Sullivan has found that the murders of teenagers Jack and Jennifer Edwards by their father were preventable. The Coroner identified a series of serious systemic failures which contributed to the crimes. Also, Victorian Coroner Paresa Spanos has recommended the adoption of pill testing after investigating

Full decriminalisation of sex work on the cards in Victoria

This post was originally published on this site

ABC Radio

The Victorian government is set to consider fully decriminalising sex work this year. Guest producer Carly Godden traces how, over the eras, the law in Victoria has regulated the commercial sex and adult industries.  *Note there are sexual references in this program

Residential Tenants Get a Boost in Victoria

This post was originally published on this site

New rental laws in Victoria that are part of long overdue reforms come into effect at the end of March. The reforms set minimum standards for rental properties, together with a host of other changes.

A total of 132 reforms were originally set to come into effect on 1 July

Christian Porter no longer Attorney General. And eminent scientists petition for release of convicted killer Kathleen Folbigg

This post was originally published on this site

ABC Radio

On advice from the Solicitor-General, the PM shifts Christian Porter to Minister for Industry, Science and Technology. And following the NSW Court of Appeal ruling that Kathleen Folbigg stay behind bars, the Australian Academy of Science issues a strong statement saying ‘there are medical and scientific explanations for the

How do ATO payment arrangements work?

This post was originally published on this site

Although businesses have the responsibility to keep their tax obligations up to date, it sometimes happens that, due to unforeseen circumstances, they are not able to pay the tax owed to the Australian Taxation Office (ATO).

The most important thing here is that businesses should not ignore the tax debt

Inside Thomas Embling Hospital, a Forensic health facility

This post was originally published on this site

ABC Radio

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne’s Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.

Disability Royal Commissioner Ron Sackville. And legal win for Torres Strait native title holders

This post was originally published on this site

ABC Radio

Ron Sackville QC, AO, the chair of The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has been hearing harrowing accounts of the experiences of people with cognitive disability in the criminal justice system. In a legal first, the Kaurareg people of Muralug island obtained

Convicted terrorist to stay in jail on continuing detention order. And sacked climate change skeptic to get his day in High Court

This post was originally published on this site

ABC Radio

The High Court of Australia has upheld the Continuing Detention Order for convicted terrorist Abdul Nacer Benbrika. Even though his fifteen year sentence is over, he is deemed to pose an ongoing threat and he remains in detention. Also, the High Court has agreed to hear the case of

Can I enforce an unregistered restrictive covenant?

This post was originally published on this site

noreply@blogger.com (William Stark)

In Paragreen v Lim Group Holdings P/L [2020] VSCA 84, the Court of Appeal (Tate, Kaye and Niall JJA) examined whether the respondent could enforce an unregistered restrictive covenant over a laneway against registered proprietors of land which included part of the laneway. 

Background facts

The applicants were the registered proprietors of a property in