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Federal Circuit Court strikes down ‘no refunds’ clause
In a recent judgment (Ferme v Kimberley Discovery Cruises Pty Ltd [2015] FCCA 2384), the Federal Circuit Court held that a term of a cruise company’s standard conditions, which allowed the company to cancel a cruise for a wide range of reasons without giving any refunds to its passengers, was an ‘unfair term’ under the…
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Underpaying employees can have serious consequences
Employers have been accused of underpaying their employees and falsifying payroll records. Learn more about how the Fair Work Act 2009 (Cth) safeguards employees and how businesses can ensure they are compliant.
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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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What exactly is an advertising sign-off?
Injunctions are Court orders that can restrain almost any conduct. Prohibitory, Mandatory, and Ex Parte injunctions can be sought if serious question to be tried, urgency, damages would not suffice, and the balance of convenience favours the applicant.
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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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Online copyright infringement and stolen websites in Australia
This article examines copyright infringement, using the case of Motorcycle Aftermarket Spares Pty Ltd v Tamworth Cycle Tune Pty Ltd [2014] FCA 1433 as a warning to those who reproduce copyrighted material without permission. The Courts take a serious view of such actions.
