Full Court dismisses Volkswagen $125m penalty appeal

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noreply@blogger.com (Mike Terceiro)

Wow! I didn’t see this coming. The Full Federal Court has dismissed what was effectively a joint appeal by Volkswagen and the ACCC to reduce Judge Foster’s $125 million penalty to the agreed Volkswagen / ACCC penalty of $75 million. The Full Court held that the $125 million penalty was

Full Federal Court's decision on the Quantum unconscionability case

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noreply@blogger.com (Mike Terceiro)

As expected the Full Federal Court has overturned Colvin J’s incorrect intepretation of unconscionability in the Quantum case.

The Full Federal Court found that Colvin J was in error by holding that the taking advantage or exploitation of some vulnerability, disability or disadvantage of the person or persons to whom the

Just One More Thing For Swatch and Apple to Fight About

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Liz Bodey

Since the launch of the Apple Watch in 2015, Apple and Swatch, a well-known Swedish watch manufacturer, have been involved in a number of trade mark disputes in their now overlapping product markets.

These disputes have concerned the marks ‘I-WATCH’ and ‘I-SWATCH’, ‘TICK DIFFERENT’ and ‘THINK DIFFERENT’ and, more

ACCC authorises Queensland Dairyfarmers' Organisation to implement 'Fair Go Dairy' licensing scheme

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noreply@blogger.com (Mike Terceiro)

Not too sure why the ACCC authorised this scheme – I can’t see any public benefit. Given there are no public benefits and clearly some public detriment in terms of excluding non-Queensland dairy farmers from the market and setting a miniumum gate price for milk, I don’t think the scheme

A Fair Use Tale, or All’s Well That Ends: the U.S. Supreme Court Holds Google’s Use of Java Code to Be a Fair Use under U.S. Copyright Law

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Lorie Lambert

By: Mark H. WittowPaul J. BrueneTrevor M. Gates

On 5 April 2021, the U.S. Supreme Court resolved a major copyright dispute that had wound through the federal courts for over a decade. In a 6-2 decision written by Justice Breyer, the Supreme Court held that Google’s copying of roughly 11,500

Restrictive Covenants in Victoria–theory and practice

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Matthew Townsend

The attached paper is an updated presentation to the University of Melbourne’s undergraduate Property Law class in April 2021. It provides a relatively comprehensive overview of the law in relation to restrictive covenants in Victoria. Comments are welcome townsend@vicbar.com.au

Amendments to China’s Copyright Law

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Liz Bodey

The first substantial amendments to China’s Copyright Law in 20 years were passed in November 2020 and will come into effect on 1 June 2021 (the Amendments). The Amendments primarily focus on enhancing protections for copyright owners, better aligning China’s Copyright Law with international standards, and implementing the Beijing

The findings of two significant Coronial Inquests

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ABC Radio

NSW State Coroner Teresa O’Sullivan has found that the murders of teenagers Jack and Jennifer Edwards by their father were preventable. The Coroner identified a series of serious systemic failures which contributed to the crimes. Also, Victorian Coroner Paresa Spanos has recommended the adoption of pill testing after investigating

Are You Influencing Responsibly?

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Liz Bodey

A recent UK Advertising Standard’s Authority (ASA) study has revealed that many social media influencers are routinely breaking consumer and advertising laws.

The findings of the study are important for social media influencers, who should ensure that they are fully transparent about when they are posting advertising content and

Full decriminalisation of sex work on the cards in Victoria

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ABC Radio

The Victorian government is set to consider fully decriminalising sex work this year. Guest producer Carly Godden traces how, over the eras, the law in Victoria has regulated the commercial sex and adult industries.  *Note there are sexual references in this program

Residential Tenants Get a Boost in Victoria

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New rental laws in Victoria that are part of long overdue reforms come into effect at the end of March. The reforms set minimum standards for rental properties, together with a host of other changes.

A total of 132 reforms were originally set to come into effect on 1 July