International Lawyers Network (JD Supra Australia)

Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia trademark to meet the Australia presence requirement, they must ensure that their domain is an exact match to that trademark.

The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system is a system of title by registration. This means that an interest will only be a legal interest if it is registered on title. Once the interest is registered, that interest is indefeasible and takes priority over all other interests....

TYPES OF BUSINESS ENTITIES - There are a number of business structures to choose from when starting a new business venture in Australia. Investors need to determine which form of business organisation is the most appropriate for their requirements. The main types of business structures used by investors in Australia are: - companies, including branch offices of foreign companies; -...

Recent changes in consumer behaviour due to the COVID-19 pandemic mean that few businesses can afford to ignore the internet, and the opportunities for efficiencies and scale that it offers.  Operating a business online presents tremendous opportunities for growth by opening up new geographical markets, however it also creates new challenges for businesses in ensuring that their key intellectual...

1. Types of business entities - 1.1 Types of entities available through which to conduct business - The following entities are recognized as business structures to conduct business under Australian law: Sole trader - A sole trader is the simplest form available as a business structure where an individual trades under their own name or under a registered business name. It is easy to...

What constitutes sexual harassment? Sexual harassment is conduct of a sexual nature, a sexual advance or a request for sexual favours that is unwelcome, where a reasonable person having regard to all the circumstances would have anticipated the person harassed would be offended, humiliated or intimidated... Please see full Chapter below for more information.

Recent amendments to the PBR Act have strengthened PBR rights and have aligned aspects of PBR with other intellectual property laws in Australia. This article summarises the changes.

The Federal Court recently handed down its decision in Calico Global Pty Ltd v Calico LLC. This decision highlights the potentially fatal consequences of not updating the IP Australia register to reflect a change in trade mark ownership.

1. Types of business entities - 1.1 Types of entities available through which to conduct business - The following entities are recognized as business structures to conduct business under Australian law: Sole trader - A sole trader is the simplest form available as a business structure where an individual trades under their own name or under a registered business name. It is easy to...

The Copyright Amendment (Online Infringement) Act 2018 (Act) which passed both Houses of Parliament on 28 November 2018, and is due to commence the day after it receives Royal Assent, amends section 115A of the Copyright Act 1968 (Cth).

The following is the International Lawyers Network's Corporate Specialty Group's fourth release of its corporate publication, "Establishing a Business Entity: An International Guide." This collaborative electronic guide offers a summary of key corporate law principles in 31 countries across the globe, serving as a quick, practical reference for those establishing an entity in these jurisdictions.

There have been numerous recent developments in intellectual property (IP) law in Australia. Below is a summary of some key developments. As with any international jurisdiction, IP law in Australia is complex and requires the expertise of an experienced specialist to navigate it correctly. INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2015 Following on from the Intellectual Property Laws...

The Federal Parliament is one (very significant) step closer to implementing the Carbon Price Mechanism (CPM) and their Clean Energy Future Plan of the Multi-Party Climate Committee. Companies should consider their potential liabilities, both direct and indirect as part of a supply chain, and revisit their existing contracts and general contractual positions. Companies which have not been...

The recent case of The State of NSW v UXC Limited serves as an important reminder to parties of the importance of clarity when it comes to expert determination clauses. Expert determination has become an increasingly popular mechanism for resolving narrow compass disputes. It is particularly useful for resolving discrete contractual and technical issues and is generally considerably cheaper

The ‘500 polluters’ tagline has proved popular amongst the commentariat for explaining the reduced coverage of the Gillard Government’s carbon price mechanism, however, this is only part of the story. An ‘equivalent carbon price’ will also be placed on many transport fuels via changes to the fuel tax credit and excise and customs duty laws, and this change (which is additional to the carbon...

The Federal Government recently announced the new responsibility of the Australian Consumer and Competition Commission (ACCC) to police carbon pricing claims and prevent businesses from using the carbon price as an excuse to increase prices beyond the Carbon Price Mechanism’s (CPM) actual cost impact. Businesses who decide to make statements about the applicability of the CPM and/or the extent...

On 12 October 2011 the Full Court of the Federal Court of Australia, constituted by Chief Justice Keane and Justices Bennett and Gordon JJ (their Honours) allowed an appeal of the Federal Court decision to award compensation to a claimant who claimed consumption of Vioxx caused him to have a heart attack in 2003. The drug Vioxx, a “Cox-2” inhibitor, was approved for sale in 1999. Vioxx...

On 12 October 2011, the ATO released a new tax ruling TR 2011/4 setting out its views on the meaning of 'charitable' in the context of determining whether the purpose of an organisation is charitable, including the features distinguishing a charitable institution and a charitable fund, and the circumstances in which an institution or fund will be considered charitable. This is important to

In the recent High Court decision of Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011] HCA 38, the Court reinforced its trend against setting aside expert determinations except in limited circumstances. The High Court held that an expert determination, which had been conducted in accordance with the provisions of a contract, expressed to be binding on the parties, generally...

A recent prosecution by the Fair Work Ombudsman has demonstrated the strict compliance requirements associated with the use and implementation of an individual flexibility arrangement (IFA) in an employer’s business. What is an IFA? Under the Fair Work Act 2009 (Cth) (FW Act), modern awards and enterprise agreements are required to permit the making of an IFA. The introduction of IFAs...

A recent decision of the Administrative Appeals Tribunal is a timely reminder of the importance of acting reasonably in managing employee misconduct. In the case, the tribunal emphasised that managers should not blindly follow a policy or procedure but must turn their minds to the particular circumstances to determine what is reasonable. What happened? A manager had received several...

In a decision which will bring comfort to employers, Fair Work Australia (FWA) has found that employees should not have to be taught ‘common sense’ in finding that the dismissal of an employee was not unfair. What happened? The employee was a production worker at a carpet tile manufacturing plant. The employee claimed that shortly after starting work, a colleague told him that he could

The Australian Industrial Relations Commission (AIRC) is currently undergoing the process of creating a set of modern awards based upon broad industries and occupations, which will replace several thousand existing federal and state awards. These awards will operate from 1 January 2010 and will supplement the National Employment Standards. Recently, the Shadow IR spokesman, Michael Keenan...

On 5 October 2011, the High Court of Australia (HCA) handed down its decision in Westport Insurance Corporation & Ors v Gordian Runoff Limited[1]. By majority joint judgment, Chief Justice French and Justices Gummow, Crennan and Bell set aside the earlier arbitral award on the basis of a manifest error of law within the meaning of section 38(5)(b)(i) of the Commercial Arbitration Act 1984 (NSW) (t

New laws commenced on 28 June 2011 permitting verification of an identity using information held by a credit reporting agency. AML/CTF reporting entities should amend their privacy consents if they want to use this method. The AML/CTF Act was amended by Combating the Financing of People Smuggling and Other Measures Act 2011. This Act introduced Div 5A to the AML/CTF Act which deals with 'e-v

We are now only days away from the start of critical new planning laws that will govern the assessment of all major development projects in NSW (State Significant Development), following the coalition government’s repeal of Part 3A of the Environmental Planning and Assessment Act shortly after the March election. Planning Minister Brad Hazzard recently said that he has already signed the new...

The recent Queensland Supreme Court decision of Walton Constructions (QLD) Pty Ltd v Corrosion Control Technology Pty Ltd & Ors [2011] QSC 67 (Walton) arms respondents with an additional defence to payment claims and presents a new risk to claimants in further limiting their rights to pursue payment under security of payment regimes. Until recently, it was generally accepted that the...

With a focus on boosting new housing construction, the NSW Government recently released its Budget for 2011-2012. From 1 January 2012, First Home Plus exemptions and concessions will be replaced by the First Home - New Home Scheme. Currently, eligible purchasers will pay no stamp duty on any homes valued up to $500,000 and there are concessions on duty for homes valued between $500

Following its December 2010 consultation package, the Australian Prudential Regulation Authority (APRA) has released four prudential standards, intended to consolidate 12 existing standards across the authorised deposit-taking, general insurance and life insurance industries. The consultation package included drafts of: Prudential Standard CPS 510 Governance (CPS 510 Governance);...

In the first decision of its kind, Fair Work Australia has considered whether an employee’s refusal to work on a public holiday was reasonable in an application for an unfair dismissal remedy. The case arose when an employee was summarily dismissed after failing to attend work on Christmas Day and Boxing Day as his employer had requested. What does the Fair Work Act say? Under the...