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Discusses advances around the world in the legal field of intellectual property and technology.

This Employment Update follows on from our update in November 2006 concerning the exclusion of employees whose employment was terminated for general operational reasons from making unfair dismissal claims.

In February 2010 the Australian Building and Construction Commission (ABCC) will be disbanded and replaced by a new independent building and construction division in the Office of the Fair Work Ombudsman (FWO).

On Tuesday, 14 November the High Court handed down its 401 page Judgment on the States’ challenge to the Work Choices legislation. A majority of 5:2 supported the validity of the Act.

This case attracted national media coverage and was declared by some as the end of the childhood ‘sleepover’.

The recent decision in Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd [2010] QSC 313 reinforces the position that an insurer must be clear and unequivocal in electing to repair damaged property under a policy of insurance. If the election is not sufficiently clear an insurer may be required to pay the full insured value of the property.

Will increasing a patient's underlying risk impose on a hospital/doctor an obligation to pay damages?

In a judgment which will interest all participants in the construction industry, a recent Queensland Court of Appeal decision held that unlicensed builders in Queensland cannot utilise the Building and Construction Industry Payments Act 2004.

Archaeologists working on the artefacts of Tutankhamen’s tomb recently discovered the world’s oldest white wine. As you might expect after 3,000 years, the wine jars given to the pharaoh as gifts for the after life contained only residues.

A draft Bill providing for jail time for cartel conduct was released by the Government last week.

On 5 February 2007 His Honour Justice Lindgren of the Federal Court handed down his judgment in respect of eight overlapping claimant applications for determinations of native title under the Native Title Act 1993.

The recent Federal Court decision in International Business Machines Corporation v FCT [2011] FCA 35 demonstrates a potential reversal of the ATO’s practice towards royalties in respect of payments made under software licensing and/or distribution agreements.

The ACCC has published a report highlighting the outcomes of its unfair contract terms review.

When does an employee's absence from work reach a point where an employer can consider ending the employment?

This IP 'hygiene checklist' will assist with an effective IP management strategy, now essential in the mining industry.

This article will provide an overview of some of the models used in delivering this infrastructure.

ASIC released a new regulatory guide - "Infrastructure entities: Improving disclosure for retail investors (RG 231)".