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Top stoic quotes from Justice Lee in Lehrmann v Network Ten
On 15 April 2024 Justice Lee handed down his decision in the case of Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369. This matter has attracted a large amount of media attention and for this reason alone it was interesting to watch Justice Lee read his decision via live stream on YouTube:…
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Unfair contract terms, penalties & ACCC v Employsure 2020
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should be given to the inclusion of clauses of this nature in standard form contracts, especially…
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Updated USPTO guidelines on AI assisted inventions
In response to the Biden administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States Patent and Trademark Office (USPTO) issued inventorship guidance for artificial intelligence (AI) assisted inventions. These…
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Federal Court guidelines for e-discovery and metadata
Electronic discovery in the Federal Court of Australia (FCA) is nothing new. From July 2014, the FCA began implementing the Court’s electronic court file (ECF) across its Australian registries. This enabled the Court to embrace the use of technology in proceedings, including the use of electronic discovery, eLodgement, eTrials, eCourtroom, and video conferences.
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Asset preservation orders – is dissipation a real risk?
An asset preservation order is a class of freezing order made by a Court usually without notice to the respondent or defendant (Exparte) for the purpose of preventing the frustration or inhibition of the Courts processes. The need for an asset preservation order arises when there is danger that a judgment (or prospective judgement) made…
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False and misleading representations – sections 29(1)(a)-(n) ACL
Where a business strays beyond mere “sales puffery” in promoting its goods or services and “crosses the line” in to the realm of deception, depending on the nature of the statements sections 29(1)(a)-(n) of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) may be able to be used as a sword to…
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Software developer obtains Court order – names behind IP addresses
Justice Burley of the Federal Court of Australia in the case of Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901 ordered that Telstra, within fourteen (14) days, provide to Siemens all documents in its control relating to the identity of certain Telstra Account holders. Those account holders were suspected by Siemens of…
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The © (copyright) symbol in use
It is something that is often overlooked, however it is considered best practice to add a copyright statement and the little © symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns. Under Australian law, the “material form” of all original Works is automatically protected by…
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The Digital ID Bill 2023 (Cth) – key points
On 30 November 2023, the Digital ID Bill 2023 (Cth) and the Digital ID (Transitional and Consequential Provisions) Bill 2023 (Digital ID Bills) were introduced in the Australian Senate. Digital IDs are designed to provide individuals with a convenient way to verify their identity when completing certain online transactions and dealing with government and certain…
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