• LexBlog Australia

Publisher:
LexBlog
Publication date:
2019-10-04

Latest documents

  • Australia Plans to Join U.S. and U.K. in the CLOUD Act

    Following its agreement with the United Kingdom, the United States announces formal negotiations are underway with Australia about joining the CLOUD Act. Although also a bi-lateral negotiation, the U.S. talks with Australia strike a more practical tone than those with the U.K. As described in our prior post, under the CLOUD Act, governments can accelerate complex...

  • Abuse: Setting aside consent orders to permit a cross claim

    JS v The State of Western Australia [2019] WADC 136 (available on Jade) was an unusual matter. JS had reached a confidential agreement with an individual ISM (the second defendant) following which consent orders were made dismissing the action by JS against ISM. The proceedings by JS against the State remained on foot. The State,...

  • Abuse: Setting aside consent orders to permit a cross claim

    JS v The State of Western Australia [2019] WADC 136 (available on Jade) was an unusual matter. JS had reached a confidential agreement with an individual ISM (the second defendant) following which consent orders were made dismissing the action by JS against ISM. The proceedings by JS against the State remained on foot. The State,...

  • Shining the spotlight on dust lung disease in Queensland: a regulatory response for the resources industry

    Since 2015, Queensland’s resources industry has been shaken by the re-emergence of dust lung diseases, largely among the State’s large coal mining workforce. So far, more than 130 workers have been diagnosed with incurable forms of lung disease across Australia, resulting in 6 Queensland deaths in the past 12 months.[1] The State Government has responded...

  • Appellate decision: Burns / Sepsis management

    With thanks to Ian Murray and Phil Gleeson for drawing my attention to today’s decision of the Court of Appeal (Western Australia): Child & Adolescent Health Service v Mabior [2019] WASCA 151, available on the Justice WA site. The claimant had succeeded at first instance. The trial judge found that the respondent’s injuries were caused...

  • Appellate decision: Burns / Sepsis management

    With thanks to Ian Murray and Phil Gleeson for drawing my attention to today’s decision of the Court of Appeal (Western Australia): Child & Adolescent Health Service v Mabior [2019] WASCA 151, available on the Justice WA site. The claimant had succeeded at first instance. The trial judge found that the respondent’s injuries were caused...

  • Institutional abuse of children: Legal remedies and redress in Australia [New book]

    For those interested in the topic of legal remedies and the National Redress Scheme for institutional abuse of children in Australia, I am pleased to report that Lexis Nexis has today put online the new book written by Associate Professor Tina Cockburn, Benjamin Madden and me. The print version of book is not yet in...

  • Scams Continue to Target Texas Attorneys

    Updated 9/18/2019: We received a report of another scam. An attorney received an email from a scammer using the name of a law firm from Texas but with an email using a domain address from Australia: bully34351tpg.com.au. The email states that the attorney is being sued by the scammer’s client, must download a link to...

  • Australia’s ‘Generic’ Implementation of an Abstract Idea is not Patentable, but Does Prior Art have Anything to Do with It?

    On Friday the 13th of September 2019, an expanded five judge panel of the Full Bench of the Federal Court of Australia handed down its much-anticipated judgment in the appeal by Encompass Corporation Pty Ltd against the finding of a single judge that its computer-implemented method for displaying information gathered from multiple sources was ineligible...

  • Power to take ‘immediate action’ in the public interest

    Medical Board of Australia v Liang Joo Leow [2019] VSC 532 (available on AUSTLII) concerned the suspension of a health practitioner’s registration when charged with (but not convicted of) a serious criminal offence. The Board had suspended the registration of the practitioner. The Victorian Civil and Administrative Tribunal, by majority, overturned the suspension. The Board...

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