Attorney General Mark Dreyfus speaks to the Law Report

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ABC Radio

Reforming the Public Interest Disclosure Act “is a significant matter because it is linked to the national anti-corruption commission that we hope to legislate this year,” the federal Attorney General Mark Dreyfus has told the Law Report. In a wide-ranging interview, Mr Dreyfus outlines his legislative priorities, including reforming

Surrogacy Act 2022 (Northern Territory)

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Stephen Page

Accredited Family Law Specialist and Page Provan Director Stephen Page published a paper regarding the Surrogacy Act 2022 that was enacted on 12 May 2022.

The Surrogacy Act brings the Northern Territory into line with every State and the Australian Capital Territory in regulating altruistic surrogacy and criminalising commercial surrogacy.

Meta Platforms, Inc acquisition of Giphy Inc

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noreply@blogger.com (Mike Terceiro)

Check out my recent Video Note re Meta Platforms Inc acquisition of Giphy Inc, and the subsequent decisions of the UK Competition and Markets Authority (CAM) and Competition Appeal Tribunal (CAT) concerning the acquisition.

New Interim Guidance on Fintiv Factors

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Liz Bodey

On 21 June 2022, the United States Patent and Trademark office (USPTO) issued interim guidance on how the Patent Trial and Appeal Board (PTAB) should exercise its discretion when determining whether to institute a post-grant proceeding.

The guidance includes four notable takeaways:

“[T]he PTAB will not rely

Legal Parentage After Domestic Surrogacy Arrangements

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Stephen Page

Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at Growing Families‘ National Conference Day Sydney.

His paper “Legal Parentage After Domestic Surrogacy Arrangements” discusses three matters:

the overall discussion of surrogacy in Australia; how the intended parents become the parents (including overcoming obstruction from

The NFT Collection: NFT Basics and Opportunities (Part 1)

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Liz Bodey

NFTs have gone mainstream. But what are NFTs? Should your business develop its own NFT? How are they regulated? In The NFT Collection series of alerts, we will delve into these questions to help your business understand this new technology.

What are NFTs?
Non-fungible tokens, or NFTs, are digital

New City of Melbourne construction code takes effect

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Planning on building or developing property in central Melbourne? A new code of practice for building, construction and works in the City of Melbourne took effect on March 17.

This regulatory framework sets out the requirements that must be put in place at construction sites to ensure the safety and

The Decline of Inter-Country Adoption

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Stephen Page

Our Director Stephen Page was honoured to be interviewed by London family lawyer Yasmin Khan-Gunns about her proposed essay on the decline of inter-country adoptions. The essay is brilliant and clearly shows the current problems with inter-country adoption. The essay was rightfully prize-winning, enabling Yasmin to win an award from

Australian Business Law Review, Vol 50, Part 1

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noreply@blogger.com (Mike Terceiro)

ABLR Vol 50, Part 1 is out.


I am particularly excited to be bringing you Volume 50 which marks the 50th anniversary of the founding of the ABLR.  The ABLR was first conceived and founded by Bob Baxt in 1972 with the first edition coming out in 1973. Bob remained the

How to interview a witness who might be a defendant

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Stephen Warne

In Victoria v Villan [2022] VSCA 106, the Court of Appeal gave guidance to practitioners in relation to the treatment of non-party witnesses in civil cases where the criminal prosecution of the witness is on the cards, after self-incrimination issues derailed a jury trial in a historical sexual abuse case,

How to avoid commercial disputes

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Commercial disputes are inevitable no matter the industry.

Take, for example, a long-running dispute between construction giant CIMIC and engineering services firm JKC Australia, which has just ended with CIMIC agreeing to make a $492.5 million payment.

That obviously wasn’t a good result for CIMIC. But the battle, which lasted

Judge v jury trials

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ABC Radio

Why did actor Johnny Depp’s defamation case against his former wife Amber Heard succeed in the US after failing at a similar trial in the UK? And a man ordered to face trial before a judge alone under the ACT’s pandemic emergency law says he was denied the right

Australian Business Law Review, Vole 49, Part 6

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noreply@blogger.com (Mike Terceiro)

 ABLR Vol 49, Part 6 is out and features three excellent articles:

* Corporate Accountability for Extraterritorial Misconduct: An Emerging Risk for Australian Multinational Corporations – Corey Byrne

* Frustration, Unjust Enrichment and the Fibrosa Problem: Charting a Clearer Path – <a data-attribute-index="2" data-entity-hovercard-id="urn:li:fs_miniProfile:ACoAACSH42cB83JoVE_QxOJ1Zxr4SkXrPKksYzw" data-entity-type="MINI_PROFILE"

Indirect Patent Infringement Down Under

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Liz Bodey

The issue of contributory infringement of a patent under the Australian Patents Act 1990 (Act) does not often arise for consideration by the Australian judicial system. When it does arise, the question of whether or not the product supplied is a ‘staple commercial product’ under the relevant provisions of

What happens if your builder goes bust?

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A perfect storm of rising costs, supply issues and labour shortages has hit the Australian building industry, compounding problems caused by Covid-19 shutdowns.

As a result, several building firms have collapsed in recent months – including industry giants Probuild and Condev.

Master Builders Victoria has already warned these challenging business

Are there any recent cases about Section 9AC of the Sale of Land Act and material changes to plans of subdivision before registration?

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noreply@blogger.com (William Stark)

The property market for the sale of apartments in Victoria, Australia has become more challenging recently. 

Lockdowns and other restrictions resulting from COVID-19 such as density limits and mask wearing combined with absent foreign buyers, as well as general concern about the viability of some projects, caused banks to impose limits on

A $60 million breath of fresh air

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The Victorian government has encouraged applications for the $60 million Small Business Ventilation Program.

The funding is to help eligible public-facing small businesses improve their ventilation in areas accessible to customers and reduce the risk of spreading COVID-19.

The program offers two types of support:

Ventilation Rebate – A

Radio on the inside

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ABC Radio

The world’s only nationwide in-house prison network broadcasts 24 hours a day and is produced by and for inmates.

When is a de facto relationship over?

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ABC Radio

A High Court decision raises questions about how a de facto relationship is defined, and what happens when a person’s mental capacities decline with old age. And, if a person granted humanitarian protection by Australia commits a serious crime, can they be deported to a conflict zone?

Liquor Laws Overhaul To Revitalise Victoria’s Nightlife

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Victoria’s hospitality sector has been given a welcome boost, under new liquor reforms announced by the state government.

The new rules will mean bars, hotels, restaurants and cafes will now be able to serve alcohol until 1am without having to apply for a change to their licence (subject to any

Why gender diversity on the bench is important

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ABC Radio

In the second of a two-part series, the Law Report speaks with members of the International Association of Women Judges in several countries. They explain the obstacles women judges face and what gender diversity brings to legal decision making. 

Victoria’s Real Estate Industry Put Under Review

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Victoria’s real estate industry has been placed under greater scrutiny, after the state government announced a review of underquoting laws, off-the-plan sales and agent conduct.

The review comes amid heightened affordability concerns due to rapid rises in property prices. So the public is being encouraged to have their say on

3 Questions to Ask a Lawyer When Starting a Business

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After almost two years, Australia is reopening its international borders again to fully vaccinated travellers. The move will likely give a significant boost to our economy, thanks to the return of tourists, business travellers and migrants.

So if you’ve been considering starting a business, this could be your year to

Tribunal finds GST payable on subdivision of land

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In Ian Mark Collins & Mieneke Mianno Collins ATF The Collins Retirement Fund and Commissioner of Taxation (Taxation) [2022] AATA 628 (4 April 2022) the Tribunal determined that the applicant taxpayer was liable to pay GST on the subdivision of land into 11 lots and the sale of those lots.

Melbourne land prices soar to new record-high

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Metropolitan Melbourne’s land market ended 2021 on a strong footing, according to Oliver Hume Quarterly Market Insights.

The report found median lot prices in the city climbed by 6% over the December quarter and 11.3% over the year to hit a new record high of $355,000.

That strong performance was

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noreply@blogger.com (Paul Miller)

What to do when your customer goes bust!

While it would be great if lodging a registration on the PPSR actually stopped your customer from going insolvent, that’s probably a little too much to expect from a $6 registration.  However, your registration will give you an important leg up in