Article1 Jauary 2015 - Franchisors and Franchisees - Save the Date!On 2 April 2014, the Government released exposure drafts of the amended Code.AustraliaCorporate/Commercial LawAddisons
ArticleExclusion of liability, limitation of liability and consequential loss: Regional Power Corporation rejects the Peerless formulationThe case only reinforces that contracting parties should state the scope of damages to be excluded as consequential loss.AustraliaCorporate/Commercial LawAddisons
ArticleUnreasonable Director-Related Transactions & Liabilities In Australian LiquidationsThe recent case of Woodgate v Fawcett [2008] NSWSC 868 considered the provisions regarding unreasonable director-related transactions. A feature of s588FDA Corporations Act 2001 is that the company need not have been insolvent at the time or as a result of the unreasonable transaction.AustraliaCorporate/Commercial LawAddisons
ArticlePornography in the workplace – Does it justify summary dismissal?Under common law and under the FWA, an employee may be summarily dismissed if he or she engages in "serious misconduct".AustraliaEmployment and HRAddisons
ArticleASIC Issues New Class Order And Regulatory Guide On Accelerated Rights IssuesThe Australian Securities & Investments Commission has recently issued Class Order 08/35 ("Class Order") and Regulatory Guide 189 in relation to disclosure relief for accelerated rights issues.AustraliaFinance and BankingAddisons
ArticleAustralia - Online Gambling Regulation in 2011 - Extracts Published in February 2011 Edition of World Online Gambling Law ReportWhile some may have thought the release of the Australian Productivity Commission's long-awaited report into gambling in June last year would have meant the end of government inquiries into the gambling sector for some time, it appears it is only the first of many.AustraliaGovernment, Public SectorAddisons
ArticleNSW Race Fields Legislation – Constitutional Challenge by Betfair and Sportsbet - Round 2Today's decisions by the Full Court in Betfair Pty Ltd v Racing New South Wales and Racing New South Wales v Sportsbet Pty Ltd are a significant event in the discussion relating to the validity of Australian race fields legislation. In its decision, the Court has acknowledged the validity of the New South Wales race fields regime by refusing to declare as invalid and contrary to the Constitution either the race fields regime or the approvals granted to wagering operators.AustraliaMedia, Telecoms, IT, EntertainmentAddisons
ArticleProductivity Commission Draft Report On Gambling (October 2009): What Does It Mean For The Gaming Machine Sector?Yesterday (21 October 2009), the Productivity Commission released its Draft Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and precedes a Final Report to be released in February 2010.AustraliaMedia, Telecoms, IT, EntertainmentAddisons
ArticleProductivity Commission Draft Report On Gambling (October 2009): What Does It Mean For The Online Gaming Sector?Earlier today (21 October 2009), the Productivity Commission released its Draft Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and precedes a Final Report to be released in February 2010.AustraliaMedia, Telecoms, IT, EntertainmentAddisons
ArticleCaveats – Preventing a Mortgagee’s Power of SaleA registered proprietor ("Plaintiff") lodged caveats on 30 April 2010 to prevent registration of transfers pursuant to mortgagee sales. On 28 May 2010 ("First Proceedings") the Court held the caveats were invalid and the balance of convenience did not favour an extension of the caveats. The Court ordered the caveats be immediately removed to allow settlement to proceed as scheduled on 31 May 2010. The Plaintiff then lodged further caveats on 31 May 2010 preventing settlement. On 22 June 2010 ("SAustraliaReal Estate and ConstructionAddisons
ArticleProduct Stewardship Bill 2011On 23 March 2011, the Federal Government introduced the Product Stewardship Bill (the Bill) which will establish a national framework to manage the environmental, health and safety impacts of products (such as televisions and computers). AustraliaConsumer ProtectionAddisons
ArticleProduct Stewardship Bill - National Framework to Manage the Environmental, Health and Safety Impact of Products - Increased Compliance Requirements and Costs for Manufacturers, Importers and Distributors? - Recycling of TVs and ComputersFurther discussion on the Product Stewardship Bill 2011.AustraliaConsumer ProtectionAddisons
ArticleSocial Media in the Workplace: Pitfalls for EmployersEmployers must have dedicated and well-communicated social media policies governing the use of these new technologies.AustraliaEmployment and HRAddisons
Article"Palliative Care": Conversion and Damages in the Pallet Hire BusinessUse by Bunnings of CHEP's wooden pallets for delivery of goods constituted an intentional dealing with CHEP's property.AustraliaReal Estate and ConstructionAddisons
ArticleThe ACCC, the ACL and the food industry – 2013 in reviewThe ACCC demonstrated a willingness to take action against those in the food industry whom it thinks breached the ACL.AustraliaConsumer ProtectionAddisons
ArticleGroup buying deals so hot they can burn: is there value in advertising your business on a group buying site?Australian group buying sites have an estimated collective value of $400 million, and together publish 4000 deals daily.AustraliaStrategyAddisons
ArticleMisleading Carbon Price Claims – the ACCC is Swift and EffectiveThe ACCC has Commission released its second report in relation to carbon price complaints.AustraliaConsumer ProtectionAddisons
ArticleRaising Capital In Difficult TimesIn the current global financial crisis raising capital has become a significant issue for many companies. Banks and financial institutions are now more cautious about their lending practices, regularly imposing relatively stringent financial and security covenants. AustraliaCorporate/Commercial LawAddisons
ArticleProtecting your brand overseas – important changes to Chinese trade mark lawClients seeking to register and enforce their valuable trade marks in China should be aware of these important changes.AustraliaIntellectual PropertyAddisons
ArticlePunter takes on Sportsbet in the VCAT: MacMillan v Sportsbet – Can bookmakers refuse bets from punters? VCAT asserts jurisdiction and finds Sportsbet not in breach.AustraliaMedia, Telecoms, IT, EntertainmentAddisons