News
Contractor or employee? The High Court has changed the law that makes the distinction
On 9 February the High Court of Australia delivered its judgments in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (CFMMEU v Personnel Contracting) and …
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The new .au domain name regime launches on 24 March 2022. Sorry to break the bad news, trade mark owners
Domain name registrars understandably like selling new stock to existing customers, reluctant or otherwise. And so we have the introduction of .au “direct” domain names – for example, bennettandco.au. This development is …
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Employer liability for mental harm caused to an employee
An employer owes each employee a duty to take all reasonable steps to provide a safe system of work.1 Where an employee …
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Can the public trust media claims for immunity for investigative journalism?
The answer to this question – NO – was categorically delivered by Justice Rene Le Miere in the Supreme Court of Western Australia in a lengthy defamation trial bought by Dr Jemma …
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Can you contract out of statutory rights? The High Court of Australia’s decision in Price v Spoor [2021] HCA 2021
In its recent decision in Price v Spoor, the High Court of Australia has clarified when a party can “contract out” of its statutory rights. That is, when can a party, by …
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Can an Instagram story land you in court?
This might be the first trial judgment in a case of defamation by ‘gram story, but it surely won’t be the last. To avoid landing yourself in court, be respectful and treat Instagram, like any other public forum, as a place in which your actions can have real consequences.
The case was illustrative of two truths of modern defamation litigation.
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Drone Industry Update – 2021 Communication, Complexity and the Emerging Airspace Ecosystem
While the COVID-19 era has slowed down many industries, the commercial drone industry has embraced the challenge. Increasingly visible public utility applications of drones, including the contactless delivery of goods and medicines …
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Could accusing a person of having COVID-19 get you in legal trouble?
Recent articles depicting an increase in hostility towards those who are allegedly breaching the coronavirus restrictions raise an interesting question: whether an allegation that a person has COVID-19 is defamatory? This article …
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Arresting Developments: Are Drones and Remote Operated Vehicles (ROVs) ‘Ships’ under Australian Admiralty Law?
Underwater drones, also known as remotely operated underwater vehicles or simply ‘ROVs’, play an important role in various Australian industries, including the oil and gas industry. This article provides a short introduction to just one aspect of the treatment of ROVs in Australian law
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If you’ve called someone ‘a Karen’, have you defamed them?
The ‘Karen’ stereotype is all the rage at the moment. The label has been floating around the internet for a while, but it took off in 2020. It recently entered the consciousness of mainstream Australia when video of the ‘Bunnings Karen’—a conspiracy theorist who refused to wear a mask— went viral.
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