Category: News
A recap of the High Court’s decisions in Capic v Ford and Williams v Toyota
In the December issue of Brief, the journal of the Law Society of Western Australia, we’re pleased to see an update by YLC Chair, Associate Thomas Coltrona, on the High Court’s recent …
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Update on the introduction of the Privacy and Other Legislation Amendment Bill 2024
In the October issue of Brief, the journal of the Law Society of Western Australia, we are pleased to see an update on the recent long-awaited reform of the Privacy Act (1988 …
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Can s 323 of the Fair Work Act 2009 be Used to Enforce an Employee’s Contractual Entitlements?
In the October issue of Brief, the journal of the Law Society of Western Australia, we are pleased to see an update, by Senior Associate Nick Parkinson, on a key Federal Court …
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Can you succeed in defamation if you have a bad reputation?
In the last few years, most Australian jurisdictions have implemented the Model Defamation Amendment Provisions 2020. Western Australia and the Northern Territory are yet to follow suit. In those jurisdictions that have …
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Do ‘No Oral Modification’ clauses work?
Innumerable contracts include clauses providing that any variation to the contract must be made in writing. Despite the prevalence of these so-called ‘No Oral Modification’ (NOM) clauses, numerous courts in Australia have …
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Cost awards for IPAustralia trade mark hearings increase – substantially
1. Costs follow the event The basic rule in Australian trade mark opposition proceedings is that, like litigation, “costs follow the event”: the unsuccessful party must pay for a percentage of the …
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Reasonableness in the new ‘publication on matter of public interest’ defamation defence
The law of defamation seeks to strike a balance between the protection of reputation and the protection of freedom of speech. To encourage freedom of speech and discourse on matters of public …
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Closing the Employment Loopholes (nearly)
There remain a few provisions of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) that have not yet commenced to operate but will do so on 26 August …
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Update on Incoming Privacy Law Reform
In the August issue of Brief, the journal of the Law Society of Western Australia, we are pleased to see an update on privacy law reform by Bennett consultant Dr Michael Douglas. …
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Ensuring your business complies with the strengthened unfair contract terms regime
The Australian Competition and Consumer Commission (ACCC) has again named unfair contract terms (UCTs) as one of its compliance and enforcement priorities for 2024-2025. With these significant changes to the UCT regime …
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