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Misinformation and Disinformation Bill 2023 – draft insights
The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Cth) (Misinformation Bill) was announced by the Department of Infrastructure, Transport, Regional Development, Communication and the Arts (DITRDCA) in January 2023. The Misinformation Bill is aimed at restricting the flow of misinformation and disinformation by providing the Australian Communications and Media Authority (ACMA) with increased…
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“User principle” damages in copyright breach cases
The usual position in intellectual property infringement matters is that the successful applicant can elect between an account of profits or damages. However, what if the applicant has not suffered any direct loss as a result of the actions of the respondent that is held to have infringed its copyright?
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What is an “earnout” clause in a business acquisition?
An Earnout Right is further defined as any transaction in which an income-earning asset is sold for consideration that includes the creation of an ‘earnout right’ (Earnout Right) for the seller of the asset.
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Paid family and domestic violence leave for small businesses
The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) (Amending Act) provides that employers must provide 10 days paid leave to all employees. Part-time and casuals also eligible. Confidentiality and ability to take leave in single and separate periods must be respected.
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ACCC consultation environmental and sustainability guidance
The Australian Competition and Consumer Commission releases Draft Guidance to help businesses make environmental and sustainability claims without misleading consumers. Seeking input from stakeholders to ensure guidance is effective and up-to-date with consumer law.
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What are adequate cybersecurity measures?
The adequacy of cyber security measures was considered in the case of Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496 (ASIC v Ri Advice Group). One of the issues raised was whether the respondent had adequate cyber security and cyber resilience in place across its network of financial advisors. …
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National Classification Scheme – proposed federal changes
Albanese Government announces intention to reform National Classification Scheme, proposing R18+ for games simulating gambling and M for computer games with paid loot boxes/in-game purchases linked to chance. Learn more about proposed reforms and if simulated gambling needs to be addressed.
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Misleading and deceptive conduct – Invisalign v SmileDirectClub
The case of Invisalign Australia Pty Limited v SmileDirectClub LLC [2023] FCA 395 (Invisalign v SDC) involved two (2) companies that offer what’s referred to as the “clear aligner teeth straightening treatment” (Clear Aligner). On 23 December 2021, Invisalign Australia Pty Limited (Invisalign) commenced proceedings against SmileDirectClub Australia Pty Ltd and its US parent company…
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Director’s absolute right to access company’s financial records
Directors have a right to access financial records, but how far should they go? This article explores the balance between a director’s right to information and acting reasonably in circumstances.
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