The UKIPO Updates its Policies to Tackle Ineffective Addresses for Service

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Jasmine Jesty

The UK Intellectual Property Office (UKIPO) has released an update this month in relation to the issue of trade mark applicants and owners providing a valid address for service. Particularly following Brexit there has been concerns about would-be trade mark owners filing applications with false or ineffective addresses for

Chanel Seeks Permanent Injunction Against WGACA

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Jasmine Jesty

The public legal dispute between luxury brand Chanel and luxury reseller What Goes Around Comes Around (“WGACA”) continues with Chanel seeking a permanent injunction that WGACA argues is too broad. As previously reported, a New York jury previously awarded Chanel a US$4 million verdict against WGACA for sales of

The Pope’s cruel take on surrogacy

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Stephen Page

“I’m beautiful in my way ’cause God makes no mistakes
I’m on the right track, baby, I was born this way”

Lady Gaga

I am outraged at the steps by the Pope’s call to stop surrogacy and be critical of LGBTQIA+ people.  It is no surprise, but it still saddens

Do Queensland's criminal defence laws need to be reformed?

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Australian Broadcasting Corporation

If someone is charged with a violent crime like murder or assault, what defences can they argue? That depends on what part of Australia you live in.The Queensland Law Reform Commission is conducting a review of the criminal defences which operate in that state – some of them very

Public law claim not an “equity” for the purposes of an “in personam” claim”against title of a registered proprietor of land

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ROBERT HAY KC COMMERCIAL LAW BARRISTER

The Court of Appeal recently considered a claim that a right to apply for an order to have a decision of a public body set aside on public law grounds, in and of itself, could constitute an in personam right for the purposes of the Transfer of Land Act 1958’s indefeasibility

How should a court assess witness credibility?

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Cameron Charnley

In civil cases, facts must be proved on the balance of probabilities to the court’s actual persuasion.[1] Except for documentary or other so-called objective forms of evidence, proving a case will normally depend on the testimony of witnesses.

How, then, should a court — tasked with determining whether a fact

Two hundred years of the NSW Supreme Court

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Australian Broadcasting Corporation

Next month, the Supreme Court of New South Wales marks its 200th birthday. A new book, Constant Guardian: Changing Times, tells the history of the court. In his first extensive interview since his appointment in 2022, NSW Chief Justice Andrew Bell tells Damien Carrick about some of the significant

ACCC Cheat Sheet – February 2024

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noreply@blogger.com (Mike Terceiro)

Check out my video presentation entitled “ACCC Cheat Sheet – February 2024” in which I discuss ACCC developments in February 2024 including the Bingo / Aussie Skips criminal cartel sentencing decision, the Australian Competition Tribunal approval of the ANZ Suncorp merger and an ACCC warning to people not to look

A Lidl Decision With Big Implications – Court Of Appeal Edition

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Victoria Campbell

The Court of Appeal of England and Wales upheld the previous judgment (see here) that Tesco Clubcard logos infringed Lidl’s trade marks and constituted passing off. Although it found that Tesco did not infringe Lidl’s copyright, it is time for Tesco to rebrand its Clubcard logo.

(Lidl’s

HACKED! Regain Control of Your Social Media Identity

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Jasmine Jesty

Imagine receiving a call from a friend asking about a new money-making opportunity you just posted on your social media account. Only, you did not post it. This is a story that many social media users face as the number of hacked social media accounts continues to rise. In

The Supreme Courts’ inherent supervisory jurisdiction (lawyers’ fees) Part 3

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Stephen Warne

3. Other courts

The supervisory jurisdiction is often spoken of as an inherent jurisdiction of superior courts of record.  So other states’ and territories’ Supreme Courts would have the same jurisdiction, albeit more amenable to statutory modification / influence than the Victorian Court’s jurisdiction.  Those other courts still jealously guard

Queensland ART Submission

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Stephen Page

Dear Reader

I welcome the opportunity, albeit very tightly proscribed, in which to make a submission as to the proposed regulation of ART services in Queensland.

RESPONSES TO QUESTIONS IN THE CONSULTATION PAPER

If ART legislation is introduced in Queensland, what should the Act’s guiding principles be?

Artistic Value may Prevent Protection of the Vespa Shape as a Trade Mark in Italy

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Jasmine Jesty

The Italian Supreme Court recently issued a decision addressing whether the Vespa shape, already protected under copyright, was precluded from registration as a 3D mark. According to the Court, a shape’s artistic value usually confers substantial value which prohibits trade mark registration under Italian law.

Background

It began

Do we have healthy industry competition in Australia?

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Australian Broadcasting Corporation

Do we have healthy industry competition in Australia? Do we have the right regulatory framework? Damien Carrick speaks to the chairwoman of the Australian Competition and Consumer Commission, Gina Cass-Gottlieb.

Victoria overhauls property tax laws

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Several changes to Victoria’s property tax laws have been made after the State Taxation Acts and Other Acts Amendment Act 2023 received royal assent in December.

Vacant residential land tax (VLRT)

From 1 January 2025, VRLT will be expanded to apply to all residential land across the state that has

Govt closes loopholes in workplace laws

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There have been changes to workplace relation laws as the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 received royal assent in December.

Part one of the bill has been passed, with changes coming into effect from December onwards. Part two will be debated in early 2024.

Changes to the

South Africa's genocide case against Israel at the ICJ

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Australian Broadcasting Corporation

The International Court of Justice has held the first public hearings in South Africa’s genocide case against Israel. And there’s concern over the New Zealand government plan to wind back the principles of the country’s founding document, the Treaty of Waitangi.

High tech solutions to age-old crime of livestock theft

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Australian Broadcasting Corporation

‘Facial recognition for cows’, GPS animal tags and DNA testing represent some of the technology being developed to help investigate and solve livestock theft and other farm-related crimes. This episode first aired in February 2023.

Justice, but not in my language: Aboriginal interpreter shortage in NT courts

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Australian Broadcasting Corporation

Lawyers in the Northern Territory say the shortage of Indigenous interpreters has become so critical that it’s significantly contributing to the over-representation of First Nations people in the criminal justice system. This is the first in a two-part special investigation into the impact of interpreter shortages in Australian courts.

Singing to the Sea

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Australian Broadcasting Corporation

One year has passed since the Federal Court confirmed native title over more than 40,000 square kilometres of sea country in the Torres Strait region. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided crucial

Protect yourself against underquoting when buying property

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In November, CoreLogic’s home value index showed a 3% increase in property values in Melbourne. But as prices rise and the market becomes tighter, how can buyers be sure the price they have been told is not much lower than its likely sales price?

Underquoting is a method sometimes used

New fixed-term contract rules have come into effect

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The regulations that govern fixed-term contracts for employees have changed as of early December.

Starting 6 December, a fixed-term contract you have with an employee must now terminate at the end of a set period. This can include the date set in the contract or a period of time like

'Sovereign citizens' in the courts

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Australian Broadcasting Corporation

We’ve all heard of ‘sovereign citizens’, a term referring to people who don’t believe the law applies to them. But how much do we know about this group and its impact on the courts? This episode first aired in May 2023. 

Australia’s consumer watchdog calls for new laws for digital platforms

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Australia’s competition regulator and consumer watchdog, the ACCC, has recommended new laws for digital platforms such as Google, Facebook and Amazon as it has identified “widespread, entrenched and systematic” consumer and competition “harms”.

The recommendation came as the ACCC released its fifth progress report on digital platforms since it began