News
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 …
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ASC & Forgacs chart choppy waters in the New South Wales Court of appeal.
In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185, the New South Wales Court of appeal deals with two important contractual issues. The Court had to decide when …
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Data mining: Technology and the future of mining
In 2000, Sony launched a marketing campaign for its Memory Stick with the tag-line “We are all connected”. Two decades later and that promise is becoming true for the Australian mining industry, …
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An Australian overview of the moral rights regime
In December 2000 the Australian Federal Government decided to hack away at a Cold War-era law. The Copyright Amendment (Moral Rights) Act 2000 came into effect – Australia’s delayed response to its …
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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 …
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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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The corporate whistleblower regime: strengthening mandatory requirements
From 1 July 2019, important changes to the whistleblower regime under the Corporations Act 2001 (Cth) (Act) took effect.[1] The changes are designed to encourage more people to report corporate wrongdoing by …
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A successful tilt – Queso Manchega, Don Quixote and Protected Designations of Origin for Cheeses in the EU
The European Union provides for Protected Designations of Origin for foods. In Spain, a dairy company called Industrial Quesera Cuquerella SL (IQC) sells three types of cheeses manufactured in the La Mancha …
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“Waiving” Goodbye to Legal Professional Privilege
In the recent decision of Fraser v Fraser[1] the Western Australian Supreme Court reaffirmed the principle that conduct by a party which is inconsistent with the desire to maintain the confidentiality of communications between that party and their lawyers may result in the implied waiver of legal professional privilege over the communications.
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Cap Uncapped
The Federal Court of Australia decision on 11 April 2019 in Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496 is another significant decision in a line of recent authorities …
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