News Archives - Page 11 of 13

A blow to media defendants – Indemnity costs under section 40(2) of the Defamation Act

Section 40(2) of the Defamation Act 2005 (WA) relevantly provides that a successful defamation plaintiff who is awarded their costs must be awarded their costs on an indemnity basis if the Court …

Bushfire crisis: Are those protecting us really protected?

When the bushfire crises across South Australia, New South Wales and Victoria passes, there will be a plethora of reviews of the response of the Commonwealth and State Governments, and also the …

Jensen wins defamation proceedings

On 20 December 2019, former Federal MP, Dr Dennis Jensen was awarded $325,000 in damages and interest by the WA Supreme Court against Nationwide News Pty Ltd, which owns The Australian masthead, …

AG comments flag future threat to online platforms

In an address to the National Press Club last week, the Federal Attorney-General, Christian Porter said that under the proposed reforms to Australia’s defamation laws, social media giants such as Facebook and …

Defence Contractors and the Equal Opportunity Act

The Problem:
The Equal Opportunity Act 1984 (WA) (EO Act) prohibits discrimination against persons on the grounds of sex, marital status, pregnancy, family responsibility or family status, race, religious or political conviction, impairment, age or gender history.

JB Hi-Fi and “STACK” – A rare case of revocation of a trade mark registration

On 31 July 2019 the Australian Registrar of Trade Marks published the decision of JB Hi-Fi Limited [2019] ATMO 115. It is a decision on revocation – a rare matter for determination …

Geographical Indicators for Foods and Spirits – Europe’s Demands within FTA Negotiations

An invitation to a seminar to be held in South Australia on 12 September 2019 entitled “Geographical Indications & the EU-Australia FTA” and delivered by “Delegation of the European Union to Australia” …

Trade marks and the WET rebate – how brands have become a tax consideration for wine makers

The Australian Taxation Office has had in place a Wine Equalisation Tax (WET) rebate for many years. The WET rebate allows wine producers to claim a rebate on the quantum of paid …

Uber Eats humble pie: The ACCC protects small businesses from unfair contract terms

To avoid legal action, Uber Eats recently agreed to amend its standard form contracts with restaurant suppliers following an investigation by the Australian Competition and Consumer Commission (ACCC). This is a successful …

A dual approach – copyright and trade mark searches prior to launching a brand

Trade mark searches are regarded by courts as of paramount importance in the adoption of a brand. There is a decision of the Federal Court of Australia which specifically addresses this issue: …

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