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noreply@blogger.com (Mike Terceiro)
Happy to be supporting the Special Children’s Christmas Party for our tenth year.
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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
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noreply@blogger.com (Mike Terceiro)
Superfone fined $300,000 on a turnover of $1 million = 30%
Telstra likely to be fined $50 million on a turnover of $27 billion = 0.18%
I think the numbers speak for themselves.
https://www.accc.gov.au/media-release/superfone-to-pay-300000-for-making-unsolicited-calls-and-misleading-consumers
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noreply@blogger.com (Mike Terceiro)
As expected the Full Federal Court has overturned Colvin J’s incorrect intepretation of unconscionability in the Quantum case.
The Full Federal Court found that Colvin J was in error by holding that the taking advantage or exploitation of some vulnerability, disability or disadvantage of the person or persons to whom the
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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
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noreply@blogger.com (Mike Terceiro)
Not too sure why the ACCC authorised this scheme – I can’t see any public benefit. Given there are no public benefits and clearly some public detriment in terms of excluding non-Queensland dairy farmers from the market and setting a miniumum gate price for milk, I don’t think the scheme
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Lorie Lambert
By: Mark H. Wittow, Paul J. Bruene, Trevor 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
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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
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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
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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
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Matthew Townsend
For a restrictive covenant to be legally valid, the following elements are required: (a) the covenant must be negative;(b) the burden of the covenant must be intended to run with the land; and(c) the covenant must be given for the … Continue reading →
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With the Commonwealth Government deficit at its highest level since World War II and as the COVID-19 pandemic continues to cripple the Australian economy and stifle federal tax collections, we will inevitably see a significant increase in revenue collecting activity undertaken by the Australian Taxation Office (ATO).
One way it
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Liz Bodey
A recent UK Advertising Standard’s Authority (ASA) study has revealed that many social media influencers are routinely breaking consumer and advertising laws.
The findings of the study are important for social media influencers, who should ensure that they are fully transparent about when they are posting advertising content and
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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
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Matthew Townsend
The Supreme Court is typically unwilling to exercise its power to discharge a restrictive covenant entirely, preferring instead to modify a covenant to allow an applicant’s stated intentions. The objective for applicants should therefore be to modify the restrictive covenant … Continue reading →
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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
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Cameron Charnley
The Australian Consumer Law (ACL) contains provisions prohibiting unconscionable conduct in the course of trade or commerce. Chief amongst those are sections 20 and 21. There are a number of differences between those provisions both in their text and in the way the common law responds to them. These differences
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Cameron Charnley
The Australian Consumer Law (ACL) contains provisions prohibiting unconscionable conduct in the course of trade or commence. Chief amongst those are sections 20 and 21. There are a number of differences between those provisions both in their text and in the way the common law responds to them. These differences
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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
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Lorie Lambert
First there were CryptoKitties. Then came Digital art, CryptoPunks and NBA tokens. But when Beeple’s digital art piece sold at Christie’s for $69 million, the mania truly began. And as with any wave of media mania, also came the groundswell of negative media and hand-wringing about NFTs. Of course,
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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
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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.
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You love your small business and you may have even built it from nothing. What happens now that you have decided to move on to pastures new?
The question of whether the sole director of a company can resign their post, leaving their company without a director, is one which
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Stephen Warne
In Carter v Mehmet [2021] NSWCA 32, the Court granted the respondents’ security for costs application in part because the appellant’s solicitors had much to gain from the appeal’s success and had agreed to do it no win no fee, and so were creditors associated with the proceeding, but the
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Cameron Charnley
A landlord seeking to regain possession of retail premises where a tenant has breached the terms of the lease is required to follow certain steps in first giving notice to the tenant. Landlords should give proper notice not only in the interests of fairness to a tenant but also in
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Cameron Charnley
A landlord seeking to regain possession of retail premises where a tenant has breached the terms of the lease is required to follow certain steps in first giving notice to the tenant. Landlords should give proper notice not only in the interests of fairness to a tenant but also in
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ABC Radio
Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm. Also, new research on who is most likely to commit a serious crime. A former prisoner
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ABC Radio
Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm. Also, new research on who is most likely to commit a serious crime. A former prisoner
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In Federal Commissioner of Taxation v Travelex Limited [2021] HCA 8 the High Court has unanimously allowed the appeal brought by the Commissioner against the decision of the Full Federal Court in Commissioner of Taxation v Travelex Limited [2020] FCAFC 10. This is the second case to reach the High Court,
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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
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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
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ABC Radio
Queensland Police has launched an exit scheme to help outlaw motor cycle gang members break away from their clubs. It’s the first venture of this kind in Australia. And the High Court has ruled that issues around property division and maintenance can be heard in an Australian court, even
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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
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ABC Radio
Two recent unfair dismissal cases may provide some insight into whether employers can sack workers who refuse a COVID-19 vaccination. Also, a recent decision in the NSW Court of Appeal upholds a manslaughter conviction involving a failure to help a friend who needed urgent medical help.
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ABC Radio
Two recent unfair dismissal cases may provide some insight into whether employers can sack workers who refuse a COVID-19 vaccination. Also, a recent decision in the NSW Court of Appeal upholds a manslaughter conviction involving a failure to help a friend who needed urgent medical help.
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ABC Radio
If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system. As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930’s