Amendment Demands – updated process/forms

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noreply@blogger.com (Paul Miller)

 I published a guide to issuing amendment/discharge demands in May 2017 – you can read that article HERE.  

The PPSR has now issued a sample amendment guide themselves (available HERE) as well as a guide to its dispute process (available HERE).

They have also launched a new amendment statement form “to help

ACCC appeals in NSW Ports competition case

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noreply@blogger.com (Mike Terceiro)

 The ACCC has appealed Jagot J’s decision in the NSW Ports matter. I like their chances on the purpose of the agreements.

“We will argue that the Court made an error in finding that the Port Commitment Deeds didn’t have an anti-competitive purpose, even though the Court found that the purpose

Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720

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noreply@blogger.com (Mike Terceiro)

 I had a quick look at Justice Jagot’s decision in the ports case. I am not too sure the judge came to the right decision. While her effects analysis looks sound, her discussion of the purpose of the provisions looks weak and unconvincing.

Jagot J’s analysis of the counterfactual led her

Australia’s Greatest Liability: Parodic Fair Use or Copyright Infringement?

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Liz Bodey

Whether it be Liberty Oilfield Services launching the critical “Thank You North Face” USA campaign calling out The North Face’s hypocritical and extensive fossil fuel use, or Greenpeace’s Australian campaign criticising AGL for its extensive greenhouse gas emissions, many companies and activists toe the line of trade mark and

Taxation of costs of litigious matters where there is no valid costs agreement at all or where the costs agreement is void

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Stephen Warne

In this post, I look at the law governing taxations of costs between lawyers and their clients, charged in litigation.  It used to be that where the costs agreement was void, or it was disregarded for the purposes of the taxation because of material costs disclosure defaults, or there was

Proceeds of crime

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ABC Radio

If you earn a million dollars from selling drugs and are convicted under proceeds of crime legislation, you don’t get to keep it. But what if that conviction is quashed years later? Some of the most notorious figures in the gangland era are heading back to courts to appeal their

Legal discipline and the model paedophile

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Stephen Warne

If there were such a thing as a model paedophile, the respondent in Legal Services Commissioner v Ferguson [2021] QCAT 205, a gentleman in his early 60s, might be it.  He had psychiatric ill health and other life difficulties and turned to booze and porn, a small fraction of which

Can you sell a property if the co-owner isn’t keen?

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Property in Victoria can be expensive. So one way of entering the market faster is to pool funds with family or friends. Unfortunately, things can get difficult when one co-owner wants to sell and the other doesn’t.

When this happens, can you force a sale?

The two different ways to

How to get a liquor licence in Victoria

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Victoria boasts a world-class hospitality scene. But there’s always room for one more venue where patrons can enjoy a quick beer after work or a cheeky cocktail … or three.

However, opening a new bar, restaurant or cafe can come with a checklist as long as your arm. You don’t

Supreme Court flexes inherent jurisdiction of its own motion to require both parties’ lawyers’ costs to be taxed by the Costs Court on Scale

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Stephen Warne

Pity the dozy lawyer who wanders innocently into Justice Cate McMillan’s court, bringing attitudes from days of yore about fees charged out of a great big fund.  Re Jabe; Kennedy v Schwarz [2021] VSC 106 should in my opinion be reported in the Victorian Reports as indicative of the breadth

“All Aboard” As Guerlain Departs From the Norm: The General Court of the EU Finds Distinctive Character in Boat Hull Shaped Lipstick Packaging

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Liz Bodey

In what will be welcomed by innovative design brands, on 14 July 2021, the General Court of the EU handed down a decision annulling the EUIPO and Board of Appeal’s decisions that a mark filed by Guerlain lacked distinctive character. This decision emphasises that a distinctiveness assessment of a

Climate change litigation

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ABC Radio

Climate change is increasingly being raised in courtrooms around the world. The latest was brought by eight Australian school students and a nun who argued that the government owed a duty of care to protect children from the harmful effects of climate change. As journalist Greg Muller reports, climate

Bougainville independence talks underway. And are judges too lenient when sentencing sex offenders?

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ABC Radio

Could we soon see the creation of a brand new country immediately to Australia’s north? PNG’s Prime Minister and the President of the Autonomous Bougainville Government are negotiating Bougainville’s future. Also, what are the most important factors that judges weigh up when sentencing sex offenders? And are judges out