Snapshot: insolvency and bankruptcy

In the latest update of the Australian Insolvency Practice Newsletter, Michael Murray reflects on recent case law and regulatory guidance included in the Australian Insolvency Management Practice. Recent developments teased out further include: • the ongoing issues in the administration of … Continue reading

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Snapshot: information and privacy law

Recent developments in information and privacy law include: 1. Australian government’s Budget decision to disband the OAIC Following the Australian government’s Budget decision to disband the Office of the Australian Information Commissioner (OAIC) by 1 January 2015, the OAIC has … Continue reading

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Snapshot: competition and consumer law

Recent developments covered in the Australian Competition and Consumer Law Newsletter include: 1. ACCC targets petrol price sharing The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against Informed Sources Pty Ltd and various petrol retailers alleging a petrol … Continue reading

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Recent insurance case — When is an insurer prevented from refusing to pay a claim for indemnity? By the Hon Desmond Derrington QC*

The High Court has now resolved the disagreement between Johnson v Triple C Furniture & Electrical Pty Ltd (2010) 16 ANZ Insurance Cases ¶61-866; [2010] QCA 282, on the one hand, and Maxwell v Highway Hauliers Pty Ltd (2013) 17 … Continue reading

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The Significance of Convention Countries in Child Abduction Cases

Australia is a party to the Convention on the Civil Aspects of International Child Abduction. Its principle object is to secure the prompt return of a child in the event of child abduction from one convention country to another. The … Continue reading

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High Court finds no implied term in Australian employment contracts

The High Court of Australia has, in a landmark decision, allowed an appeal against a full federal court ruling that an employer breached an implied term of trust and confidence in an executive’s employment contract. In 1981, Mr Stephen Barker … Continue reading

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Recent insurance case – on earthquake damage (NZ)

An insured’s rights under its policy with IAG New Zealand Ltd (IAG) were subject to three limits: there could be no double counting each happening gave rise to a separate limit in respect of which a contractual limit of $1.984m … Continue reading

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ASIC axes another Australian financial services licence for failure to comply

ASIC has cancelled the Australian financial services licence of Global Derivative Services Pty Ltd after an investigation found it failed to comply with a number of its licence obligations including: 1. the appointment and ongoing competency of the key person … Continue reading

Posted in Commercial Law, Corporations Law, Financial Services Law | Tagged | 1 Comment

Isolated DNA is patentable in Australia

By Rufina Cheung of Wolters Kluwer, CCH Five judges of the Full Federal Court have unanimously held that isolated nucleic acid (DNA or RNA), including cDNA, is patentable, because it resulted in an artificially created state of affairs for economic … Continue reading

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Recent cases – intellectual property law

This is a wrap-up of decisions that have been reported in CCH’s Australian Industrial & Intellectual Property service, with information about relevant appeal proceedings. DESIGNS  Full Federal Court considers designs under the 1906 Act: The Full Federal Court has considered … Continue reading

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