Insights

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Fur Flying in Fashion Cases: a Roundup of Last Year’s Trade Mark Disputes Involving Fashion Brands

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As usual, the last year has seen its fair share of trade mark disputes involving fashion brands. Perhaps the highest profile case was Adidas AG v Pacific Brands Footwear Pty Ltd (No 3),1  in which...

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Security of Payment: Imprisonment for Non-Compliance?

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Dramatic changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) will come into effect this Monday, 21 April 2014. The consequences of these amendments are far-reaching and may be rolled...

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ACCC Seeks Public Comment on Draft New Cartel Immunity and Cooperation Policy

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The Australian Competition and Consumer Commission (ACCC) has released a draft new Immunity and Cooperation Policy for Cartel Conduct (new policy) and a supporting Frequently Asked Questions document (FAQs) for public comment. This is the...

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Aluminium Extrusions Exported from China Subject to Further Scrutiny

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The Australian Anti-Dumping Commission (“ADC”) has yesterday initiated an anti-circumvention inquiry (“Inquiry”) in relation to the exportation of certain aluminium extrusions exported to Australia by the People’s Republic of China (“China”). Anti-circumvention measures As readers...

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Privacy Invaders

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The Australian Law Reform Commission (ALRC) recently released its “Serious Invasions of Privacy in the Digital Era” Discussion Paper that recommends 47 legislative changes as it attempts to combat serious invasions of privacy in the...

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Free Trade Agreement Concluded with Japan – the Second Leg of the North Asia Trifecta has Arrived

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Following a flurry of media speculation on 7 April 2014, the Federal Government announced that Australia had concluded negotiations for a free trade agreement with Japan as Australia’s second-biggest trading partner.  However, it is not...

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High Court Decides No General Right of Recovery of Customs Duty

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On 2 April 2014, the High Court of Australia put to rest any prior belief that there is a general right of recovery outside of the refund provisions of the Customs Act 1901 (“Customs Act”)....

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Alan Jones to the Rescue – Change to Timing of Report of Missed Payments Under Credit Reporting Privacy Code

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In an interview with Alan Jones on 2GB on 26 March 2014, Attorney General George Brandis announced that the time after which late payments could be reported to Credit Reporting Bodies under the provisions of the...

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ACNC – Breaking News: There is No News

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Bill referred to Senate Committee for report The proposed Australian Charities and Not-for-Profits Commission (ACNC) abolition bill that Kevin Andrews, the Minister for Social Services, introduced into Parliament last Wednesday has not been debated with...

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Recent Case Law Reinterprets the Phrase “arising out of the use of a vehicle” Under the Victorian Transport Accident Act

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The recent County Court of Victoria decision in Gurski v NMHG Distributions Pty Ltd & Ors [2014] VCC 112 has expanded the availability of the indemnity from the Transport Accident Commission (TAC) under section 94...

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ACNC Act May be Fatally Wounded but Charities Act Survives Red Tape Reduction

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On Wednesday, 19 March 2014, the Abbott Government launched its “cutting red tape” agenda by introducing into Parliament an omnibus of legislation designed to repeal what it says is 9,500 unnecessary regulations and 1,000 redundant...

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Amendments to Personal Properties Securities Legislation

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On Wednesday 19th March 2014, the Government introduced a bill into parliament to amend the Personal Property Securities Act 2009 so that leases of serial numbered goods of 90 days or more will no longer...

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