Two of a Kind: Federal Court Refuses to See Double in Case of Identical Pharmaceutical Products
Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 In 2016, the Federal Court ordered Reckitt Benckiser to pay a revised…
Workers Compensation, Health and Safety and COVID-19
The Work Health and Safety Act 2011 (Cth) (“the WHS Act”) and, in South Australia, the Work Health and Safety Act 2012 (SA) (“the SAWHS Act”) exist to ensure the health and safety of people in the…
When are Directors Liable for Misleading or Deceptive Conduct, Passing off, Trade Mark Infringement or Unconscionable Conduct?
“What is the line between inspiration and appropriation?”
Safety Requirements for “General Use” Quad Bikes
The Consumer Goods (Quad Bikes) Safety Standard 2019 (‘the Standard’) commenced operation on 11 October 2019. This much-debated standard placed a range of safety requirements on the operators and…
Jurisdiction Clauses: A Primer
It’s an all too common scenario: Company A is based in South Australia;Company B is based in Queensland;Company A provides services to Company B in Victoria under a contract;Company A breaches the…
NFT’s Explained: The Intellectual Property Implications of Licencing Digital Assets Through Blockchain
On 11 March 2021, digital artist Beeple sold a Non-Fungible Token (NFT) of his artwork for $69 million USD.[1] According to Christie’s, the auction house behind the sale, Beeple, is now among the top…
An Insurer’s Duty of Utmost Good Faith
Australian Securities and Investments Commission v Youi Pty Ltd [2020] FCA 1701 The Chief Justice of the Federal Court of Australia (Allsop CJ) recently added to the growing weight of jurisprudence…
Lessons Learned From the Sexual Assault/Misconduct Revelations in Federal Parliament
The recent revelations of alleged criminal conduct and misconduct in the Federal Parliament directed towards women has had devastating ramifications for those involved. Timing is always crucial, and…
Staff Profile: Amy Bishop
Our Intellectual Property Specialist, With a Penchant for People, Water & Words.
Evaluating the Cause(s) of Impairments Comes Down to “Common Sense”
The Full Court of the Supreme Court of South Australia “doubles-down” on its reasons in Preedy but fails to articulate a straightforward test for determining the “cause” or “causes” of an impairment under the Return to Work Act (‘the Act’) and doesn’t address the meaning of “assessed together or combined” in section 28(8)(c) of the Act.
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DWFT Report
The DWFT Report is a comprehensive publication containing news, commentary and analysis of significant contemporary legal issues impacting the Australian business community.
