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ABC Radio
Tasmanian woman Sue Neill-Fraser’s latest appeal has failed to overturn her murder conviction for the death of Bob Chappell, her former partner who disappeared from a yacht moored off Hobart in 2009. Has the appeal shed new light on a case in which a body was never found?
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Stephen Page
In this video, Accredited Family Law Specialist and Page Provan Director Stephen Page discusses in detail everything you need to know about consent orders.
Transcript
Good day, everyone. [It’s] Stephen Page from Page Provan Family and Fertility Lawyers. I’m going to talk to
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noreply@blogger.com (Mike Terceiro)
Here is a short video presentation explaining the current laws in relation to Unfair Contract Term (UCT) in small business standard form contracts under the Australian Consumer Law 2010 and the proposed amendments which are likely to come into force early next year.
I have sought to summarise both the existing
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Cameron Charnley
I have written previously about the doctrine of repudiation in contract law and also of the concept of being ‘ready, willing and able’ to perform a contract.
Recently, the Court of Appeal has addressed such issues in the context of a contract for the sale of land, more particularly a standard
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Stephen Page
In this video, Accredited Family Law Specialist and Page Provan Director Stephen Page introduces the Fertility Society of Australia & New Zealand and this organization’s critical role in the IVF industry.
Transcript
Good day, everyone. [I’m] Stephen Page from Page Provan Family
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Stephen Page
In this video, Accredited Family Law Specialist and Page Provan Director Stephen Page explains what Access Australia is and how it helps those who need assisted reproductive treatment.
Transcript
Good day, everyone. [I’m] Stephen Page from Page Provan Family and Fertility Lawyers.
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Liz Bodey
The European Court of Justice (CJEU) has handed down its decision in the case Ferrari v. Mansory Design on the scope of protection of Unregistered Community Designs (case C 123/20). This case is particularly relevant as it shines a new light on the scope of protection of part of
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noreply@blogger.com (Mike Terceiro)
A lot of commentators have been focusing on Wigney J’s “complete shemozzle” quote from the banking cartel case (at para 9) but for me the most instructive quote is at paragraph 246:
“Those responsible for drafting the cartel offence provisions in the C&C Act – none of whom could possibly have
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Liz Bodey
The vexed issue of ‘patent eligibility’ for computer implemented inventions has raised its head again in Australia, this time in the Full Court of the Australian Federal Court decision of Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202. The decision expands upon principles for assessing
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Despite your best intentions, business relationships can deteriorate for any number of reasons.
So while it’s not a legal requirement to have a formal shareholders’ agreement, every company with more than one shareholder would be well advised to have one.
Read on to find out what a shareholder agreement is
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If you’re like many Victorians, you’ve probably dreamed of owning a pub, whether for commercial or lifestyle reasons.
There are several reasons why it might make more sense to buy an established pub rather than starting one from scratch. You get a business with an existing customer base and can
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It can be easy to see the attraction of selling a tenanted property. You get monthly rent rolling into your bank account right up until the deal goes through – which will likely come in handy paying the mortgage down.
But having tenants in the property can add another level
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ABC Radio
In a precedent-setting case, a New South Wales judge has found self-proclaimed extreme body modification artist Brendan Leigh Russell guilty of female genital mutilation, grievous bodily harm, and manslaughter. Is consent a valid legal defence when cosmetic ‘body modification’ procedures go wrong?
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Liz Bodey
On 21 November 2021, the amended Singapore Copyright Act came into force (Amended Act). Major updates were made to the existing Copyright Act in order to enhance protection of copyright in view of the various technological developments. We set out some of the key changes to take note of.
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Matthew Townsend
In approving the modification of a restrictive covenant over the objections of beneficiaries, a senior division of the Tribunal has criticized the processing of the application by the Responsible Authority. Senior Member Martin stated in Berecz v Casey CC [2021] … Continue reading →
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Stephen Page
Introduction: Getting pregnant
Welcome to the wonderful world of making babies!
There are only four ways to get pregnant:
The old fashioned way- by heterosexual vaginal intercourse; By artificial insemination- when sperm is injected into the uterus by use of some device, such as a catheter, a syringe or
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ABC Radio
Should Sydney woman Adriana Rivas, who is accused of being a Pinochet-era intelligence agent, be extradited to Chile over alleged crimes against humanity? The full bench of the Federal Court is set to hear her latest appeal this week. And calls for Australia to investigate allegations of war crimes
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Liz Bodey
Last year, in Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., the Federal Circuit confirmed that 28 U.S.C. § 1400(b) is the sole venue provision for domestic defendants in Hatch-Waxman actions.1 On Friday 5 November 2021, the Federal Circuit provided even greater clarity on venue rules in such
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Matthew Townsend
The Supreme Court has approved the use of section 84(1)(a) of the Property Law Act 1958 as a means of cleansing a title of a reference to a restrictive covenant with no further work to do. Practitioners have in the … Continue reading →
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noreply@blogger.com (Mike Terceiro)
ABLR Vol 49, Part 3 is out and features five excellent contributions:
* Regulating a Quick Fix for Debt Problems – Vivien Chen and Candice Lemaitre
* Autonomous Vehicles: Regulatory, Insurance and Liability Issues – Julie-Anne Tarr, Tony Tarr and Amanda-Jane George (McBratney)
*Unconscionable Conduct under the Australian Consumer Law: Clarification and Contention – Philip
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noreply@blogger.com (Mike Terceiro)
Some great news – the Australian Government and Attorney General Michaelia Cash have agreed to file an amicus curiae brief in support of our US Supreme Court petition.
The Government has retained high profile US attorney, Donald I Baker from Baker & Miller to prepare their brief. Donald Baker will be well
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ABC Radio
Australia’s football codes are closely monitoring a class action brought by former rugby league players in Britain who allege the sport’s governing body failed to protect them from the risks of brain damage. And are judges best placed to decide when to recuse themselves from a court case?
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ABC Radio
Britain’s High Court is set to hear the United States government’s appeal against a ruling blocking the extradition of Julian Assange on mental health grounds. And warnings that US attempts to prosecute the WikiLeaks founder for publishing classified government documents could have devastating implications for press freedom.
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ABC Radio
A long-running unfair dismissal case involving Queensland university professor Peter Ridd has sparked intense debate around questions of academic freedom. Also in the program: the High Court has quashed a legal challenge by mining magnate-turned-politician Clive Palmer against laws designed to ban his company from suing the West Australian
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It’s not uncommon for customers to skip or gloss over a company’s terms and conditions. So you may think: “If customers don’t bother reading the fine print, why should I bother creating them?”
Well, there are good reasons not to overlook or minimise the importance of a detailed set
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It’s natural to assume that since you own your property, you can do what you like with it – subject to planning, of course. But this might not necessarily be the case, particularly if there’s a restrictive covenant hiding in the small print of your certificate of title.
What’s a restrictive
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Australian businesses that sell liquor have to follow a strict set of regulations. These rules are in place for a reason – to keep patrons and staff safe. Should you not comply, you could face stiff fines or lose your licence.
To avoid this, make sure you adhere to the
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ABC Radio
Should judges have social contact with lawyers who appear before them in court? The Australian Law Reform Commission is conducting an inquiry into judicial impartiality. Also, is there an obligation on prosecutors to provide defence lawyers with all the raw data downloaded from a confiscated mobile phone?
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ABC Radio
The New South Wales Supreme Court has ruled against a retirement village developer claiming ‘squatters’ rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in UK health law: the legality of severe disability as a reason for late-term abortions and access to puberty-suppressing
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Your building contract is an important document that you shouldn’t sign blindly. Doing so could lead to messy legal wrangles and costly project delays.
But what should you look out for in a building contract?
Here are three common questions that come up with regards to building contracts. Make sure
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As the saying goes, if something looks like a duck, swims like a duck, and quacks like a duck … then it probably is a duck.
So even if your worker signs a contractor agreement, they may still be considered an employee under Australian law.
That’s why it’s critical for
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Buying a hospitality business can be a risky venture if you don’t have all the facts or miss a crucial piece of information.
To minimise the risk, it’s important to do your due diligence. Here are five issues you need to resolve buying a hospitality business.
Has the
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ABC Radio
Britain seeks to overhaul immigration laws as asylum seekers and migrants continue to arrive across the English Channel from France. How to investigate human rights violations when on-the-ground access becomes impossible? And, the dangers facing human rights investigators in Afghanistan. Guests: Madeline Gleeson, Senior Research Fellow, Andrew & Renata
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noreply@blogger.com (William Stark)
1. In Price v Spoor, [2021] HCA 20, the High Court handed down a decision on 23 June 2021 about whether the parties to a mortgage could agree to contract out of the operation of the Queensland equivalent of the Limitation of Actions Act, 1958, and whether such an agreement
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Over the last few days three decisions relating to GST have been handed down. One by the Full Federal Court on the GST treatment of gambling supplies (allowing the Commissioner’s appeal) and two by the Tribunal, one on development leases and whether excess GST has been “passed on” (partially in
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Matthew Townsend
The benefits of an early offer of compromise in restrictive covenant proceedings were again shown in Manderson v Smith Anor (Costs) S ECI 2020 03378 when Efthim AsJ upheld an offer to walk away as being a genuine compromise in … Continue reading →
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ABC Radio
The Victorian Civil and Administrative Tribunal has found that landlords can evict tenants for non-payment of rent during the big Victorian lockdown of 2020. It’s a ruling that could affect thousands of vulnerable renters. And, should doctors, lawyers and other professionals be able to sue someone who posts a
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What’s in a name? Well, consider Marion Robert Morrison or Norma Jeane Mortenson. Neither has quite the same ring to it as John Wayne or Marilyn Monroe, right?
And while you’re not trying to make it in Hollywood, your choice of business name matters too. That’s because a business name
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On 15 of April 2021, the Federal Court of Australia ordered two company directors to compensate their customers personally, a claim that has rarely been substantiated in Australian law. The pair were also ordered to pay a substantial fine and were disqualified from managing a company for three (3) years.
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A rental guarantee can seem like the icing on the cake when you’re a property investor. You get guaranteed rental income for an agreed period if you can’t find a tenant for your off-the-plan apartment. What could possibly go wrong?
Unfortunately, the deal might not be quite as attractive as
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If you’re involved in the Australian business world, you probably have already heard about the Director Identification Number scheme that is slowly coming into fruition. But what exactly is this scheme, and how does it affect directors of businesses? We’ll break down what the DIN scheme is, how it affects