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The NRL star, Jarryd Hayne, will face a third trial after a successful application to the NSW Court of Criminal Appeal.

To many he is a longstanding symbol of conservative Australian Catholicism whose aggressive reputation in respect of the defence of historical child sexual abuse cases involving the Catholic Church was confirmed...

Legal developments in Qld affect labour hire and elevate the importance of revisiting contracts and insurance programs.

In this edition of the Update, we first report on new legislation passed in respect of modern slavery, review of Modern Awards and report on the introduction of domestic violence leave into the National Employment Standards ("NES").

In Willoughby Council v Transport Infrastructure Development Corporation (No 2) (August 2008), Justice Lloyd refused to allow an expert report by a council planner to be tendered in the Court proceedings as evidence.

Many parents worry about what will happen to their hard-earned assets after they die. Some worry, in particular, that one of their children may challenge their will and unravel the careful plans they have made. One approach (but fairly extreme strategy), is to restructure assets during their lifetime, transferring property or control of family trusts to a trusted child so that there is less in the estate for anyone to fight over. But can those lifetime transfers themselves be unwound later, on the basis that the parent was taken advantage of?

The appeal was ultimately dismissed, but the Tribunal was adamant that this was not seen as condoning his actions.

Courts are able to penalise businesses who unjustifiably threaten another business with legal action for IP infringement.

The Australian Patent Office (IP Australia) has issued final patent eligibility guidance under the Australian High Court's decision in D'Arcy v. Myriad Genetics, Inc.

The decision exposes difficulties in pleading in a proceeding that, while being an appeal, is heard as a de novo hearing.

Aristocrat then sought an account of profits in respect of some infringements and damages in relation to other infringements.

It was unusual that Bayer elected to seek damages for patent infringement, rather than an account of profits.

If you are commissioned to create copyright material, even in the absence of a contract, it is assumed that there is an implied licence given to the person who commissioned the material to use it for the purposes made known at the time it was commissioned. Copyright remains with the person who created it, in the absence of a written assignment, signed by the creator.

A recent Personal Injury Commission decision examines how adverse credibility findings can fundamentally undermine a workers compensation claim, even when supported by medical evidence. The case explores the interplay between witness reliability, corroborative evidence, and the 'fair climate doctrine' when medical opinions rest heavily on self-reported histories from discredited sources.

Parties should raise all relevant arguments at first instance, as they may not be able to raise new points on appeal.

This recent Federal Court decision discussed whether pre-judgment interest should be awarded and, if so, at what rate.

The High Court restored the status quo and ruled that the Barbaro principle does not apply in civil penalty proceedings.