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Data security – the increasing burden
The consequences for an Australian business victim for a breach of cyber security are forecast to exponentially increase. In February 2015 the Parliamentary Joint Committee on Intelligence and Security (Committee) recommended the introduction of mandatory data breach notification scheme (Scheme) by the end of 2015.[1] Whilst the details of the incoming Scheme are currently scant,…
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Intellectual property theft and employee information theft
Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129 (Leica Geosystems) is a notable court case involving an Anton Piller order and employee theft. Find out more about what this means for companies and their intellectual property rights.
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Revenge porn – legal options
Revenge porn (Revenge Porn) refers to sexually explicit media that is distributed without the consent of the individual(s) involved.[1] An act of Revenge Porn therefore involves the recording of video or still images of a person that is usually engaged in sexual acts (Revenge Content) and publishing or threatening to publish it. A person’s participation…
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Productivity Commission publish report on the Workplace Relations Framework
The Productivity Commission has released a draft report on the workplace relations framework, with suggestions that could affect penalty rates, minimum wages, and unfair dismissal. Learn more about the proposed changes and have your say.
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Federal government proposes new crowdfunding regulations
Treasury releases consultation paper on Camps, Sports and Excursions Fund (CSEF) for public companies, part of 2015-16 budget package. Restrictions and exemptions outlined, with comments due by August 31. Further details to be released later in year.
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How not to terminate for non-payment
A telecommunications carrier was held liable for almost $1.5M in damages for terminating a contract without scrupulously following the contractual process. In Lime Telecom Pty Ltd v Powertel Limited [No 1] [2008] NSWSC 324, the carrier refused to accept payment.
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Fighting general protections claims
This article provides an overview of the general protections claims process and outlines key tips for employers to help them discharge the onus of proof. It covers the importance of preparing evidence and the evidence of the key decision-makers.
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Ownership of employee inventions – disputing ownership of patents
Section 35(6) of the Copyright Act 1968 (Cth) establishes a general rule that an employer will own the copyright in many types of works if they were created by an employee or apprentice, in the course of their employment. Unfortunately, there is no such legislative equivalent in the Patents Act 1990 (Cth) (Act). The absence…
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Failure to redeem – default on redeemable preference shares
This article examines the legal issues surrounding Redeemable Preference Shares (REDP’s) and the consequences of a failure to redeem them. The remedies available to aggrieved shareholders are explored.
Commercial law
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