News
Risks of unilateral cost variations in fixed-price home building contract
WA builders are operating in a difficult environment. Governments responded to the pandemic with stimulus, fuelling the residential building sector and contributing to inflation amid unprecedented demand for materials and labour. Some …
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Denial of Natural Justice as a Defence to Enforcement of a Chinese Judgment in Australia
In Yin v Wu [2023] VSCA 130, the Court of Appeal of the Supreme Court of Victoria set aside a judgment which had affirmed the enforcement a Chinese judgment by an Associate …
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Reviews in review: The businesses suing and being sued over their online reviews
Managing online reviews should be an inherent part of owning a business with an online presence. With many businesses relying on online traffic to attract customers, a single negative review can be …
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Get it in writing: the risks of suing on the basis of oral conversations
A recent decision by the New South Wales Supreme Court has highlighted the significant risks of commencing legal proceedings relying on oral conversations. In Xue v Karimbla Properties (No. 45) Pty Ltd …
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Spitting the dummy bids: ASIC’s recent crackdown on market manipulation
ASIC’s enduring regulatory function of targeting ‘misconduct damaging to market integrity’, which includes insider trading and market manipulation, has seen it increasingly targeting ‘misconduct that involves misinformation through social media’. One focus …
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Trade marks and naming a sea vessel – what lies beyond the trade mark register
Branding for sea vessels is an important consideration for cruise line operators, ferry operators, and luxury vessel operators. The name of the vessel is a part of the allure of the experience, …
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Can you record someone without their consent? And if you do, can you publish the recording?
Recently, the ABC program Media Watch reported that controversial social media political commentator Jordan Shanks, better known as FriendlyJordies, obtained recordings of former New South Wales Deputy Premier John Barilaro that were …
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Responsibility of OpenAI for defamation by ChatGPT
ChatGPT is an amazing product, underpinned by amazing technology. It can be incredibly useful. But notoriously, the information the bot produces is not always reliable. As much is admitted by the organisation …
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The Full Court of the Federal Court has ruled that employers cannot require and can only request that employees work on public holidays. What can employers do?
In its recent judgment in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51, the Full Court of the Federal Court of Australia ruled that to …
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Bennett continues to support agriculture and the land
The last few years have been a roller-coaster for many businesses in the agricultural sector but Western Australian law firm Bennett has been there every step of the way. Dowerin Machinery Field Days is pleased …
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