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- Audiovisual recording of examination of medical examination.
An article written by Stanley Drummond drew my attention to an interlocutory decision of the Western Australian Supreme Court from earlier this year, Longbottom v Nulis Nominees (Australia) Ltd  WASC 21 (available on AUSTLII). The plaintiff sought damages based on an alleged psychiatric illness. The plaintiff had no objection to submitting to a medical...
- Rokt’s Computerised ‘Marketing Scheme’ Fails Patent-Eligibility Test on Appeal
Following an appeal by the Commissioner of Patents, a Full Bench of the Federal Court of Australia has overturned a decision of a single judge of the Court relating to the patent-eligibility of a computer-implemented invention. The Full Court has ruled that a claimed method and system, developed by Singapore-based Rokt Pte Ltd, for providing...
- FSANZ identifies Salmonella in raw fish as emerging issue
Salmonella in raw fish has been identified by Food Standards Australia New Zealand as an emerging food safety risk. For 2019, Food Standards Australia New Zealand (FSANZ) also noted two ongoing issues and kept a watch on eight other food safety issues, according to an annual report on emerging and ongoing issues. Issues are identified...
- COVID-19 and Medical Litigation.
COVID-19 and medical litigation – More than just the obvious is an advance copy article by Professor Anne-Maree Kelly. The author notes that changes to the health system due to COVID-19 have been wide ranging and not limited to suspected or confirmed cases. Some treatments recognised as the standard of care have been curtailed. Patients...
- Examination and treatment of patients with intellectual disability.
With thanks to Awash Prasad for drawing my attention to the recent decision Dental Board of Australia v Trijo  VCAT 558 (available on AUSTLII), which addressed the examination and treatment under general anaesthetic of patients with intellectual disability. The conduct allegations focused on the dental treatment, over the space of a weekend, of five...
- The new pandemic: Zombie companies will eat Australia’s COVID-19 economic recovery
Zombie companies be be incentivized by the COVID-19 government fiscal and stimulus measures.
- Australia Tightens Privacy Protections on COVID-19 Tracing App
New legislation imposes stronger privacy protections on Australia’s planned contact-tracing app. “The Australian government’s coronavirus tracing app will have stronger privacy protections under legislation which has passed Parliament,” reports The New Daily. “People found accessing the data without authorization will face up to five years’ jail and fines of $63,000. Businesses refusing to serve people...
- The shift we needed: The fight to save Virgin already changing corporate rescue laws in Australia
Australian courts can play an important role in creating a stronger corporate and business rescue culture to help financially distressed but long-term viable entities.
- Salmonella outbreak linked to cafe; mushroom poisonings also reported
More than 30 people have fallen ill from Salmonella poisoning in a suburb of Melbourne, Australia. Officials are investigating a link to Lincoln Bakery Café in Carlton. The shop was closed on May 8. A total of 36 people who are thought to have eaten there before onset of symptoms are affected with enquiries ongoing...
- The 2020 Australian IP Report: Revisited
Last month, I wrote about IP Australia’s release of the Australian Intellectual Property Report 2020 (‘IP Report’). I focused in particular on data included in the ‘Patents’ section of the report, and raised some questions about the methodology and the accuracy of some of the results presented. I am pleased to say that IP Australia...
- The International Neurotrauma Symposium
Today is the start of Australia’s Brain Injury Awarness Week. ABC News Onllne (Australia) has a report about The International Neurotrauma Symposium which is taking place in Adelaide Australia. Hundreds of neurosurgeons and scientists from around the globe are in Adelaide to exchange ideas and...
- Cleared Conroy’s back on shelves
January 6, 2006 The Advertiser (Australia) Sam Riches CONROY’S Smallgoods products rolled off the production line and into supermarkets yesterday, with shoppers confident stringent quality control, following the listeria outbreak last month, no longer is an issue. While only selected products,...
- Poultry, pork in hepatitis scare
July 18, 2006 12:00am Article from: AAP BRISBANE – Packets of shaved ham, turkey and chicken are being pulled off supermarket shelves across Australia because a Queensland meat packer has the potentially fatal hepatitis A virus. One of Australia’s largest meat producers, Darling Downs Foods Pty Ltd,...
- Shigella Outbreak Reported By Australian Disease Control
Adelaide in Southern Australia has an outbreak of Shigella, ABC News is reporting tonight (4/2/08). Director of the infectious diseases control branch, Ann Koehler, says cases of the illness, known as shigella, have been reported across Adelaide. Dr Koehler says it is one of the few types of gastro ...
- Second Circuit Addresses “F-Cubed” Securities Claimant Jurisdiction
On October 23, 2008, in a much-anticipated decision addressing what it called “the vexing question of the extraterritorial application of the securities laws,” the Second Circuit in the National Australia Bank (NAB) case ruled (here) that U.S. courts lack subject matter jurisdiction over the claims ...
- Nanotechnology: Here and Now
Late last year, Australia held a workshop on Nanotechnology and Social Inclusion. On April 23-24 of this year, New Zealand held it’s version, sponsored by government ministries. An evaluation of the “Nanotechnology-Here and Now” workshop was published in May of this year. The Australian and New...
- Guest Post: Foreign-Cubed Litigation – Developments at the Supreme Court
The D&O Diary is pleased to present the following guest blog post, written by Angelo Savino (pictured), a partner at the Cozen & O’Connor law firm. Angelo is resident in the firm’s New York office. Angelo’s guest blog post follows: As noted in prior posts (here), the U.S. Supreme Court...
- The US Supreme Court’s “foreign-cubed” ruling in Morrison v. Nat’l Australia Bank: Much ado about how much?
In the last “international litigation” case of the Term, the U.S. Supreme Court’s decision in Morrison v. National Australia Bank (No. 08-1191) held that Section 10(b) of the Securities Exchange Act of 1934 did not provide a private cause of action in “foreign-cubed” cases—cases where foreign...
- They lock up Farm Fresh Eggs in Australia
After my speech today at the 3rd Annual Australian Food Safety Conference, several people approached me trying to understand the scope of 550,000,000 eggs being recalled in the US and some 1,500 people sickened with Salmonella Enteritidis. They asked politely (as Australian’s do) if it was true...
- Vivendi Court Narrows Securities Suit Class, Applying Morrison
In the long-awaited rulings on the post-trial motions in the Vivendi securities case, Judge Richard Holwell has entered a February 22, 2011 order materially narrowing the plaintiff class based on the U.S. Supreme Court’s holding in Morrison v. National Australia Bank. A copy of Judge Holwell’s...