Legal insights

  • Tort of conspiracy & confidential info

    Tort of conspiracy & confidential info

    Australian Intelligence Community (AIC) and PC Falk issued decision in Uber Technologies and Uber B.V. investigation, providing guidance on Privacy Act 1988 (Cth) compliance and penalties. Uber ordered to implement plans, policies and programs and engage independent expert to ensure compliance.

  • Injunctions granted for breach of confidence

    Injunctions granted for breach of confidence

    Court denied injunction due to lack of precision in describing confidential info. Businesses should review procedures to ensure secure info.

  • Patentability of computer-implemented inventions

    Patentability of computer-implemented inventions

    The question of patentability of so called “computer-implemented” inventions has been the subject of legal debate in Australia for a number of years.  The September 2018 of the Full Court of the Federal Court in  Encompass Corporation Pty Ltd v Infotrack Pty Ltd [2019] FCAFC 161 was long anticipated by intellectual property lawyers and patent…

  • Financial forecast risks for businesses

    Financial forecast risks for businesses

    Article Summary: When faced with patent infringement allegations, a respondent may cross-claim for invalidity. This article examines the factors to be considered when the Federal Court of Australia makes a security for costs order against the cross-claimant.

  • Phasing out the innovation patent system

    Phasing out the innovation patent system

    The Senate has recommended a bill that could have a major impact on small and medium-sized businesses. Find out what changes are proposed and what it could mean for your intellectual property.

  • IP contracts subject to restrictive trade practice provisions

    IP contracts subject to restrictive trade practice provisions

    Learn how the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) affects businesses licensing or assigning intellectual property (IP) rights and the penalties associated with a breach with this comprehensive guide.

  • QBBC Home Warranty Insurance – part 1

    QBBC Home Warranty Insurance – part 1

    This article examines the Queensland Building and Construction Commission Act 1991 (QBCC Act) and the QBCC Home Warranty Insurance scheme. Find out when you may be able to make a claim for non-completion or defective work.

  • Litigation – offers to settle and the rules

    Litigation – offers to settle and the rules

    This article examines the legal implications of making an offer to settle under the Uniform Civil Procedure Rules 1999 (Qld), exploring the differences between a Rule-based offer and a Calderbank offer. It provides an in-depth look into the costs of litigation for both Plaintiffs and Defendants.

  • Software litigation – how much evidence is sufficient?

    Software litigation – how much evidence is sufficient?

    The Court was asked to decide if the applicant had enough info to begin proceedings for copyright infringement and breach of confidence in Qudos Mutual Ltd v Infosys Ltd [2019] FCA 702. Qudos was not satisfied with what they had, so the Court ordered the production of further documents and source code.

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