Sue Neill-Fraser loses appeal against murder conviction

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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?

What You Need to Know About Consent Orders

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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

Unfair Contract Terms in small business standard form contracts

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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

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 5 – Indictment) [2021] FCA 1345

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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

Australian Appeal Case Revisits Patentability of Computer Implemented Inventions

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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

4 reasons why a company should have a shareholder agreement

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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

'Body modification' on trial

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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?

Changes to the Singapore Copyright Act Come Into Force

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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.

Who Is a Parent Then – Is Three a Crowd?

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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

Adriana Rivas mounts new appeal against Chile extradition

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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

Federal Circuit Further Clarifies Venue in Hatch-Waxman Cases

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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

Australian Business Law Review, Vol 49, Part 3

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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 TarrTony Tarr and Amanda-Jane George (McBratney)

*Unconscionable Conduct under the Australian Consumer Law: Clarification and Contention – Philip

Australian Government to file amicus brief in support of US Supreme Court appeal

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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

Assange extradition appeal, WikiLeaks and journalism

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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.

Climate science dismissal case sparks academic freedom debate, High Court quashes Palmer $30bn WA compensation challenge

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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

Your legal obligations when you’re a liquor licencee

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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

'Squatters' rights', and UK health laws

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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

3 things you need to know about building contracts

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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

What’s sham-contracting – and how do you avoid it?

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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

Britain’s offshore detention plans, and investigating human rights violations

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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

Three GST decisions handed down in recent days

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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

Victorian tenant evicted after COVID19 moratorium ends. Also, can you sue over negative online reviews?

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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

3 things you need to know before choosing a business name

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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

Are rental guarantees worth the paper they’re written on?

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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

Director Identification Number Scheme is nearly here

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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