Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 21 JULY 2012

Technology and IP roundup: recent case law

Holding Redlich
Holding Redlich
Contributor
Holding Redlich

Holding Redlich

Holding Redlich is a large national commercial firm with offices in Melbourne, Canberra, Sydney,...

View firm profile
Explore more from Holding Redlich

Three recent cases consider the application of established law in the context of competition, IP and internet usage.

AustraliaAntitrust/Competition Law
Chris Nielsen
Chris Nielsen
Jodi Walkom
Jodi Walkom
Author LinkedIn connections

The ever increasing developments in technology have seen the judicial community adapting and moulding traditional legal doctrines to meet the needs produced by change. Three recent cases consider the application of established law in the context of internet usage. The Google and iiNet cases consider the liability of parties who provide internet facilities that can be used by service users to infringe the intellectual property rights of third parties while the TPG case considers the penalties that will be imposed for misleading consumers who use popular search engines.

Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49

Facts

Google Inc (Google) provides a search facility offering users of its search engine two types of results; 'organic' results presented in order of relevance to the users search (as calculated by a complex algorithm), and 'sponsored' links which are determined by Google's 'AdWords' program. Sponsored links were those

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Australia Moves To Ban Unfair Non-competes, No-poach Agreements, And Wage-fixing Arrangements

The Australian government is consulting on legislation that would treat certain employment-related restrictive covenants and inter-business labor market agreements as cartel conduct, while banning other clauses outright. The proposed bill extends Australia's cartel framework to no-poach and wage-fixing provisions between any employers, and prohibits non-compete clauses for most employees, with severe penalties for non-compliance including fines and potential jail time for individuals.
AustraliaAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

Merger Reform Update: Critical Amendments To Australia’s Merger Regime Passed By Parliament

Australia's Parliament has passed critical amendments to the country's new merger regime, replacing automatic voiding of non-notified acquisitions with a court-supervised model and clarifying control exemptions for minority investments. The changes also introduce greater flexibility for stale clearances, though questions remain about whether further reforms are needed to address the regime's underlying complexity and conservative thresholds.
AustraliaAntitrust/Competition Law
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Australia’s Merger Regime Changes Again: Parliament Fine-tunes New M&A Rules

Australia's Parliament has passed significant amendments to the country's merger regime, less than a year after its introduction. The changes address practical concerns around mandatory merger notifications, providing greater flexibility for minority investments, reducing risks from inadvertent notification failures, and allowing extensions for delayed transactions. How will these refinements impact dealmakers navigating Australia's interventionist competition framework?
AustraliaAntitrust/Competition Law
Holding Redlich
Holding Redlich
Article

Key Refinements To Streamline Australia's Merger Control Regime Passed Into Law: Threshold For Control Increased, Removal Of Voiding Provisions And Changes To "Stale" Notification Timelines

Australia's mandatory merger control regime undergoes significant refinement through new legislation that addresses practical challenges businesses have faced since its 2026 introduction. The amendments fundamentally reshape how control and associate relationships are assessed, what happens when acquisitions aren't properly notified, and how parties can manage completion timelines for approved mergers.
AustraliaAntitrust/Competition Law
K&L Gates
K&L Gates
Article

Attempt Is Enough: Record Personal Penalty Signals ACCC’s Zero Tolerance For Cartel Conduct

The Federal Court has imposed a record $1 million personal fine on an executive for attempting to induce competitors into cartel arrangements in the oil and gas services industry, despite all five attempts failing. The Court also issued a non-indemnification order preventing the executive from using insurance or company funds to pay the penalty, marking a significant escalation in competition law enforcement.
AustraliaAntitrust/Competition Law
Cooper Grace Ward
Cooper Grace Ward
Article

Competition And Consumer Law Round-Up

This edition of the K&L Gates Competition and Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including greenwashing allegations, misleading pricing investigations, and record penalties for horticulture code breaches. The newsletter also covers significant merger reviews, authorisations for industry collaborations, and emerging regulatory developments affecting digital platforms and supply chain disruptions.
AustraliaAntitrust/Competition Law
K&L Gates
K&L Gates
Article

Digital Duty Of Care: What Australian Businesses Need To Know

The Australian Government's proposed digital duty of care reforms would extend online safety obligations far beyond social media platforms to encompass any business operating websites, digital platforms, or AI-enabled tools. Rather than simply responding to complaints, businesses would need to proactively identify foreseeable risks and implement safeguards, with substantial penalties for non-compliance reaching up to $109.2 million for companies. The exposure draft introduces a fundamental shift from reacti
AustraliaPrivacy
Holding Redlich
Holding Redlich
Article

Update On Status Of Key Tax Measures Announced In Budget 2026-27

Australia's 2026-27 Budget introduces sweeping changes to capital gains tax, negative gearing, and discretionary trust taxation, fundamentally reshaping decades of established tax policy. The Treasury Laws Amendment (Tax Reform No. 1) Act 2026 has now received Royal Assent, but significant controversy surrounds key provisions including the new 30% minimum tax on discretionary trusts and restrictions on corporate beneficiaries. How will these reforms affect existing trust structures, investment strategies, a
AustraliaTax
Holding Redlich
Holding Redlich
Article

Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI

The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
AustraliaEmployment and HR
Holding Redlich
Holding Redlich
Article

Victoria’s New Data Centre Rules – Implications For Developers And Operators

Victoria's new Sustainable Data Centre Action Plan introduces comprehensive planning, renewable energy, and community benefit requirements for data centre developments. The regulations establish location restrictions, noise limits, renewable energy mandates, and water supply requirements while creating new referral authorities to oversee compliance. These changes will significantly impact how developers and operators plan and execute data centre projects in Victoria's rapidly expanding market.
AustraliaMedia, Telecoms, IT, Entertainment
Holding Redlich
Holding Redlich
Article

Federal Budget 2026-27: Three Tax Changes Reshaping Investment, Trust Structures And Business Planning

Australia's 2026-27 Federal Budget introduces sweeping tax reforms that fundamentally reshape investment planning, trust structures, and business operations. The replacement of the 50% CGT discount with indexed gains and a 30% minimum tax, restrictions on negative gearing to new builds only, and a 30% minimum tax on discretionary trusts create unprecedented challenges for property investors, professional services firms, and family businesses. Understanding how these three interconnected measures work togeth
AustraliaTax
Holding Redlich
Holding Redlich
Article

Yindjibarndi And WA Government To Appeal $150 Million Federal Court Native Title Compensation Decision

The State of Western Australia and the Yindjibarndi Ngurra Aboriginal Corporation have both filed appeals against a landmark Federal Court decision awarding $150 million in compensation for cultural loss caused by mining operations in the Pilbara region. This unprecedented case marks the first judicial determination of native title compensation for future acts and the largest cultural loss award in Australian history, establishing critical precedents for how compensation is assessed when native title rights
AustraliaGovernment, Public Sector
Holding Redlich
Holding Redlich
Article

Automated Decision-Making: New OAIC Guidance Highlights Expectations For Government Agencies

Australian government agencies face a December 2026 deadline to update their privacy policies with detailed explanations of automated decision-making systems. The Office of the Australian Information Commissioner's new guidance clarifies when computer-assisted decisions trigger disclosure obligations, how human oversight affects those requirements, and what specific information agencies must reveal about the personal data and decision types involved in their automated processes.
AustraliaGovernment, Public Sector
Holding Redlich
Holding Redlich