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Opposing a trade mark on grounds of bad faith
Court found respondent infringed copyright of Dee Snider’s works, awarding AUD $1.5 million for flagrant, contumelious infringements. Not fair or satirical.
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Present entitlement in trusts – what it means
Explore the High Court’s interpretation of “present entitlement” under the Income Tax Assessment Act 1936 (Cth). Learn when a person has a vested interest in trust assets and how the trustee’s discretion affects the beneficiary’s entitlement.
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What exactly is a franked dividend?
Discover how dividend imputation works and how the amount of tax you owe on dividends can be affected by your marginal tax rate and the company tax rate. Learn about the different types of franked dividends, such as fully franked and partially franked, and how they can impact your finances.
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Online business promotion and liability for third-party comments
Businesses hosting online discussion forums must be aware of the potential for hefty damages claims if they fail to remove defamatory comments made by third parties. Find out more about the implications of the High Court case of Australian New Channel Pty Ltd v Voller [2021] HCA 27.
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Do I have an implied licence for software?
This article examines the implications of a Federal Court case, which awarded over $1.1 million in damages for unlicensed software use. Learn more about the decision and key principles for software licencing that businesses should consider.
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Parliament passes Government surveillance bill
The Surveillance Legislation Amendment (Identify and Disrupt) Bill 2021 added three (3) warrants, allowing law enforcement to access data and take control of online accounts to obtain evidence of serious online crime.
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Credit card ban – online gambling services
A Bill seeks to amend the Interactive Gambling Act 2001 (Cth) to ban the use of credit cards for online gambling in Australia. Penalties for those who accept payments could range from $111,000 to $166,500 per person, per day. Learn more about the potential changes and their implications.
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Employsure’s Google Ads found to mislead businesses
The Australian Competition and Consumer Commission’s (ACCC) appeal against Employsure Pty Ltd has been upheld by the Full Federal Court. Find out what this means for Australian consumers and businesses and how it could affect the future of consumer law.
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Are email trackers admissible as evidence?
The Evidence Act 1995 (Cth) is silent, but the Court considers email trackers and read receipts as evidence in civil and intellectual property litigation. As seen in Jaffari v Grabowski [2013] NSWCA 114, sender’s receipt of confirmation of email relay is a matter for the recipient.
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