Artificial Sweeter Decision Sours Halal Authority: Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175

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Jasmine Jesty

The Halal Certification Authority Pty Ltd (HCA) is a for-profit company that provides certification services to third parties. It is the owner of the following trade mark registered for, issuing halal certification to businesses and individuals for goods and services if religious and technical requirements are met:

(HCA

ACCC Cheat Sheet – October 2023

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noreply@blogger.com (Mike Terceiro)

Check out my recent presentation entitled “ACCC Cheat Sheet – October 2023” in which I discuss ACCC happenings in October 2023, including Brookfield’s successful navigation of ACCC Origin buyout minefield, Meta’s case of premature application, Tesla’s fob fail, Petstock’s faux-paw, caravan industry warning (or RV going to get sued?) and

Industry unhappy with new property tax amendments

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The government of Victoria has proposed several amendments to the state’s property taxation laws.

New amendments explained

Under the amendments, the revenue office hopes to expand vacant residential land tax to all vacant residential land in Victoria from the 2025 tax year. The amendments also expand the definition of vacant

How to follow the law when increasing rent

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A Melbourne landlord recently found themselves in hot water after their tenant pointed out an invalid rent increase. The tenant alerted the agent to the improper reasoning given for the increase and was subsequently back-paid for the invalid increase.

As a landlord, it is important you know the ins and

How to protect yourself during a building project

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A recent McKinnon survey showed that 50% of Australia’s workforce is covered by some form of a restraint of trade or non-compete clause.

But how airtight are these clauses and can they be enforced?

Types of restraints of trade

Common restrictions of trade include:

Confidentiality clauses Non-solicitation clauses Non-compete

Australian Business Law Review, Vol 51, Part 4

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noreply@blogger.com (Mike Terceiro)

ABLR Vol 51, Part 4 is out. This edition features five excellent contributions:

* A World-Leading Sanitation System for Our Digital Economy: The Consumer Data Right – Natalia Jevglevskaja and Ross Buckley

* Investor-state Arbitration Implicating Breaches by a State-owned Enterprise of an Investment Contract –

Upcoming UKIPO Representation Changes – The Effects of Brexit Continue

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Jasmine Jesty

One of the effects of Brexit was that the UK introduced a requirement for a UK based representative for all UK national trade marks, patents and designs and international registrations designating the UK in January 2021. However, there was a grace period for comparable trade marks or re-registered designs

Common law privilege attaches to communications, not (merely) documents

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Cameron Charnley

Where one party serves an expert report, the documents behind that report, including those used in its preparation, normally cannot be the subject of a claim of privilege.[1] Also, at common law, a document that is not a communication cannot be privileged.[2] In other words, common law privilege attaches to

ACCC Cheat Sheet – September 2023

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noreply@blogger.com (Mike Terceiro)

Check out my recent video presentation entitled “ACCC Cheat Sheet – September 2023” in which I outline all the ACCC developments for September 2023, particularly the opposition to the Transurban/Horizon and Endeavour/Rye Hotel acquisitions, the ACCC’s Unfair Contract Term warning, the Government’s consultation on the proposed unfair trading practices laws

How can I have a mortgage discharged if the lender has been wound up?

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noreply@blogger.com (William Stark)

In an unusual case, the Supreme Court of Victoria was called upon to order the discharge of 2 mortgages in circumstances where one of the mortgagees had been liquidated, and subsequently deregistered. The other mortgagee had become a bank but did not have records dating back over 30 years ago. 

Older

Ethics risks for lawyers using AI

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Stephen Warne

The ethical risks of using artificial intelligence to generate legal work are with one exception too obvious to warrant comment; its hallucinations are notorious, and ChatGPT’s knowledge of the world only extends to January 2022.

Yet each of the Legal Practitioners Liability Committee, the NSW Bar Association, the journal of

Agreements to agree to purchase land

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Cameron Charnley

Much has been written on the law regarding ‘agreements to agree’ and, in particular, the impact of the High Court decision in Masters v Cameron[1] and subsequent decisions of courts which have applied the principles in that case.

In the recent decision in Patel v Sengun Investment Holdings Pty Ltd,[2] the

Are there any more recent cases about a mortgagee's duty of good faith in selling real estate?

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noreply@blogger.com (William Stark)

With interest rates continuing to rise in late 2023, it seems that we are likely to see more mortgagees taking steps to realise mortgaged property. 

On 2 June 2021, I posted about a Queensland decision (HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58) rejecting criticism of a mortgagee’s conduct of

WIPO Updates Deadlines for Responses to Provisional Refusals

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Jasmine Jesty

Businesses seeking registration of trade marks overseas will have greater clarity on deadlines for responding to provisional refusals, following an update by the World Intellectual Property Office (WIPO). As of 1 November 2023, local intellectual property offices are required to give the holders of Madrid System international trade mark

ACCC Cheat Sheet – August 2023

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noreply@blogger.com (Mike Terceiro)

Check out my recent video presentation entitled “ACCC Cheat Sheet – August 2023” in which I outline all the ACCC developments for August 2023, particularly the main takeaways from the BlueScope penalty decision, what the ACCC’s case against Qantas is all about and why the ACCC rejected the ANZ/Suncorp merger

Forced Marriage

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Stephen Page

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage.

I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging.

Ruqia Hidari was aged 21 and living in

Victoria Unveils Short-stay Levy

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Investors who rent their property out on short-stay accommodation platforms like Airbnb and Stayz will soon face an additional tax charge.

The Victorian government has announced it plans to introduce a 7.5% levy on short-stay rental platforms, effective from 1 January 2025. The fees collected will fund Homes Victoria, supporting

How to Protect Yourself during a Building Project

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Before starting construction or renovations, there are several legal aspects you should take note of. This will protect both you and your builder so that the project runs smoothly.

Signing a written contract

By law, you must have a written contract for work worth more than $10,000. This can include

New ACCC Regulations to Penalise Unfair Contract Terms

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You may need to look at the contracts you use in your business because, come 9 November, the Australian Competition and Consumer Commission (ACCC) will prohibit businesses from using unfair contract terms.

According to the new regulations, courts will have the authority to impose significant penalties on businesses using contracts

Chief Justice Susan Kiefel speaks to the Law Report

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Australian Broadcasting Corporation

In a wide-ranging interview, the outgoing High Court Chief Justice Susan Kiefel speaks to Damien Carrick about her unlikely journey to the top judicial job, women in the law, and her support for joint judgments.