Allens

19 November 2010

New telecommunications legislation will have a profound impact on the Australian telecommunications industry's structure and regulation, and will also provide more legislative certainty for Telstra in undertaking its structural separation. Our experts from the Communications, Media & Technology and the Competition groups outline the Bill in further detail

08 November 2010

A ruling of the New South Wales Court of Appeal last week highlights the desirability of defining termination events in commercial contracts with clarity and specificity. Special Counsel John Dieckmann reports on a decision that has particular relevance to the technology sector, where contracts often deal with projects and services having complex requirements

27 October 2010

The Australian Communications and Media Authority has released a discussion paper on the configuration and allocation of the spectrum in the 700MHz digital dividend band following the switch-off of analogue television broadcasting. Partner Ian McGill and Lawyers Valeska Bloch and Alicia Moody report

22 October 2010

The rules of contract formation in electronic commerce have been clarified by new NSW legislation. Partner Niranjan Arasaratnam and Lawyer Penny Harris report on the proposed amendments and also discuss a recent Federal Court case concerning the requirements for electronic signatures

10 September 2010

The Federal Court this week ruled that there is no copyright in newspaper headlines. Partner Miriam Stiel speaks to Boardroom Radio about the implications of this decision for media companies and for those who compile information

15 July 2010

It will soon be possible for companies to register their own generic top level domain names, presenting an unprecedented opportunity for trade mark holders. However, there are significant technical requirements and costs involved and the number of domain name spaces that cybersquatters could use to capitalise on other people's trade marks could be significantly increased. Partner Tim Golder, Senior Associate Jesse Gleeson and Law Graduate Nadia Guadagno report

14 July 2010

The far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and companies operating in the communications, media or technology sectors will be affected by the sweeping changes the new legislation will bring to Australia's commercial law. Partners Ian McGill and Diccon Loxton and Lawyer Valeska Bloch report on how the changes will affect those sectors

28 June 2010

The Australian Government has released an Exposure Draft of the Australian Privacy Principles that are proposed to replace the National Privacy Principles and the Information Privacy Principles. Special Counsel Karin Clark and Partner Michael Pattison look at the new principles and their impact on privacy compliance programs.

11 May 2010

Recently, the Federal Commonwealth released the implementation study for the National Broadband Network that sets out a technical, commercial and regulatory roadmap for the Government's policy of ubiquitous broadband services to the nation. Although subject to refinement in the coming months, Partner Ian McGill and Lawyers Valeska Bloch and William Atkins review the study

04 February 2010

The Federal Government has handed down a landmark decision today which found that Internet service provider (ISP) iiNet was not liable for copyright infringements that occur when people use their service to download film and television content. Partner Andrew Wiseman speaks to Boardroom Radio about what this decision means for ISPs and content owners

03 February 2010

The Australian Prudential Regulation Authority has published a prudential practice guide, Management of security risk in information and information technology, to assist APRA-regulated institutions manage security risk for their information and information technology. Partner Michael Pattison and Lawyer Oliver Evans report

02 February 2010

The Federal Government has released a Green Paper calling for submissions on the potential size, location, uses, costs and benefits of the digital dividend, ahead of analogue television switch-off commencing this year. Partner Ian McGill, Lawyer Valeska Bloch and Summer Clerk Rebecca Linquist report

18 November 2009

The Federal Government has recently introduced legislation seeking to improve network owners' and operators' ability to protect their networks, by expanding the circumstances in which the interception of communications passing over a network is permitted. Partner Peter James and Lawyers Valeska Bloch and William Kim examine the proposed changes

28 October 2009

A Senate committee report, has recommended that the government's proposed Bill on telecommunications industry changes be passed without delay to help reduce regulatory uncertainty in the industry. Partner Ian McGill and Lawyers Valeska Bloch and Chris Govey summarise the committee's conclusions

27 October 2009

The Federal Government has released a discussion paper calling for submissions ahead of its review of the Do Not Call Register Act 2006 (Cth). Partner Michael Pattison and Lawyer Nicholas Tobias report

22 October 2009

The Federal Government has released the first stage of its response to the Australian Law Reform Commission's report on Australia's privacy laws. Partner Catherine Parr speaks to Boardroom Radio about the key changes to privacy laws that will impact on both the private and public sector

12 October 2009

The Federal Government has released a pre-deployment report and draft guidelines as the next step in Australia's first commercial-scale smart grid demonstration project. The Smart Grid, Smart City project will be implemented in partnership with the energy sector and is also likely to have important synergies with the roll-out of the national broadband network. Partner Ian McGill, Lawyer Valeska Bloch and Law Graduate Joel Barrett report

18 September 2009

The Australian Communications and Media Authority has issued a consultation paper inviting submissions on a draft determination that would require mobile carriage service providers to offer premium SMS/MMS barring to all mobile phone customers. The proposed new rules form part of a package of consumer safeguard reforms and compliance monitoring affecting mobile carriage service providers and premium content providers. Partner Ian McGill and Lawyers Adrian Fisher and Valeska Bloch report

17 September 2009

The Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy has announced reforms to reshape the Australian telecommunications and media industries. New legislation aims to address Telstra's high level of both vertical and horizontal integration, address deficiencies in the competition access regime and significantly bolster telecommunications consumer safeguards. Partner Ian McGill and Lawyer Valeska Bloch report

15 September 2009

After months of speculation, the Federal Government has today released a proposed Bill that will significantly change the Australian telecommunications industry, including the potential separation of Telstra. Partner Ian McGill speaks to Boardroom Radio about the Government's decision and the potential implications for the telecommunications industry

07 September 2009

The Australian Communications and Media Authority has released the Children's Television Standards 2009 and issued a final report on the Review of the Children's Television Standards 2005. Commercial television broadcasters and those advertising during designated viewing times on commercial free-to-air television will need to be aware of these new standards, which relate to the provision of children's programs and advertising safeguards. Partner Niranjan Arasaratnam and Lawyer Valeska Bloch report

28 August 2009

A Senate committee has approved the passage of new legislation that will compel (with sanctions of up to $10 million) 'utilities', and not just telecommunications carriers, to divulge information about their network infrastructure to facilitate the planning and roll-out of the National Broadband Network. Partner Ian McGill and Lawyer Valeska Bloch report

26 August 2009

Recently, the Federal Government issued a discussion paper entitled Sports on television: A review of the anti-siphoning scheme in the contemporary digital environment as part of its review of the anti-siphoning regime. Partner Ian McGill and Lawyer Valeska Bloch examine some of the issues raised in the discussion paper and the review to date

21 August 2009

Partner Michael Pattison and Lawyer Fiona MacDonald report on the first successful Federal Court proceedings for unsolicited SMS messages initiated by the Australian Communications and Media Authority under anti-spam legislation

08 July 2009

The Supreme Court of Victoria now combines technology cases with building and engineering proceedings in a new list aimed at the efficient resolution of technical disputes. Partner Tim Golder, Senior Associate Jesse Gleeson, and Lawyer Kelly Griffiths report

06 July 2009

The Australian Communications and Media Authority has approved a new, mandatory Mobile Premium Services Code that came into effect on 1 July 2009. The new Code introduces extensive and prescriptive requirements relating to advertising, supplying and keeping customers informed about mobile premium services. Partner Ian McGill and Lawyer Adrian Fisher report

09 June 2009

The Indian Government is in the process of finalising regulations to clarify the operation of various new provisions under the recent Information Technology (Amendment) Act 2008. Partner Michael Pattison and Senior Associate Ken Shiu report on the legislation, and on the implications for Australian corporations

29 May 2009

Recent off-field incidents involving sportspeople has led sporting teams and sponsors to enact moral hazard clauses in contracts. Partner David Yates speaks to Boardroom Radio about how these clauses function

18 May 2009

The Standing Committee of Attorneys-General recently agreed to amend the uniform Electronic Transactions Acts so that Australia can accede to the United Nations Convention on Electronic Communications in International Contracts. Partner Niranjan Arasaratnam and Lawyers Valeska Bloch and Nicholas Tobias report.

08 April 2009

Yesterday, the Rudd Government announced a bold and unexpected initiative to establish a new company, with private sector support, to build and operate a $43 billion new super fast national broadband network. Simultaneously the Government issued a telecommunications regulatory reform discussion paper to facilitate the construction of the network and to fashion broader reforms in the transition to its operation. Partner Ian McGill and Special Counsel Lisa Hill report

08 April 2009

The Prime Minister formally terminated the tender process for a national broadband network in favour of the government's $43 billion plan. Partner Ian McGill speaks to Boardroom Radio about what this move means for the NBN

06 February 2009

Communications Alliance recently released a draft industry code of practice for mobile premium services that proposes stricter standards for advertising and service. The draft code aims to ensure consumers can give informed consent when purchasing mobile premium services. Partner Ian McGill and Summer Clerk Hamish Nairn report

21 November 2008

A new top level domain, .tel, is due to be launched on 3 December 2008, and marks the dawn of a completely new type of domain name. Instead of linking to a website, a .tel domain will lead directly to a page containing contact information for the person holding the domain name. The aim is to create a global 'e-directory', by which users can quickly locate contact information for businesses and individuals, without the need to browse entire websites or search multiple directories. Senior Associate Rebecca Sadleir reports

17 November 2008

On 10 November, the Federal Attorney-General released a consultation paper outlining a number of proposed changes to the Electronic Transactions Acts as enacted federally in each state

24 October 2008

The need to meet new emissions reporting requirements in 2009 will require many organisations to procure new information technology systems or modify existing systems to provide enhanced reporting systems capability. Partner Niranjan Arasaratnam and Senior Associate Ken Shiu report on what needs to be done to comply with the reporting requirements

11 September 2008

The Federal Privacy Commissioner has released a guide for businesses, government agencies and non-government organisations on how to respond to data security breaches, including when affected individuals should be notified. Importantly, the guidelines recognise that it is not always desirable that the individuals concerned be told about the breach. Partner Michael Pattison and Special Counsel Karin Clark discuss the guide's recommendations

01 September 2008

The Content Services Code for industry co-regulation in the area of content services as required by Schedule 7 to the Broadcasting Services Act 1992 was registered by ACMA on 16 July 2008. Partner Ian McGill and Lawyer Valeska Bloch look at the implications following the Code's registration

27 August 2008

Some certainty and common sense has re-entered the Australian franchising industry with today's highly anticipated judgment of the High Court of Australia in Master of Education Services Pty Ltd v Ketchell. Partner Andrew Wiseman and Lawyer Tim Holden report

03 July 2008

On 26 June 2008, the Internet Corporation for Assigned Names and Numbers approved recommendations that will allow for a significant increase in the number of generic top-level domains. Implementation of the recommendations will see the registration of generic top-level domains become far more accessible to corporations and communities. Partner Michael Pattison, Lawyer Adrian Fisher and Research Assistant Margaret Walsh look at what is involved

27 June 2008

A long awaited Information Technology (Amendment) Bill is currently up for consideration by India's upper house. The Bill seeks to address, among other issues, deficiencies under Indian law relating to data protection in the wake of publicised incidents of data breaches involving Indian offshore service providers. Senior Associate Ken Shiu and Partner Michael Pattison reports that such measures have been required within India's IT industry for several years

26 June 2008

With effect from 1 June 2008, auDA, the Australian Domain Name Administrator, has introduced a policy that removes most of the restrictions that previously applied to the transfer of .au domain name licences. The procedure for transferring .au domain names has also been simplified. Senior Associate Rebecca Sadleir discusses the changes

23 June 2008

The Chinese Ministry of Science and Technology, the Ministry of Finance and the State Administration for Taxation have released the Administrative Measures for the Recognition of High and New Technology Enterprises which sets out the procedures and requirements for PRC enterprises to be recognised as high-technology enterprises. Partner Campbell Davidson, Lawyer Justin Chin and Paralegal Michelle Ding report

13 May 2008

As a result of the Vietnamese Government's continuing economic reform agenda, foreign investors are likely to be given the opportunity to become strategic investors in major Vietnamese State-owned enterprises in the telecommunications industry as part of the country's 'equitization' process. Senior Associate Ian Stewart and Lawyer Daniel Allender comment on the current state of play and potential further developments

23 April 2008

Over the past 18 months, social networking sites have become mainstream and concerns about the online safety of children has received increasing political and media coverage both within Australia and internationally. Three documents that have been recently released in the United Kingdom examine the use and misuse of social networking sites and make recommendations for strategies to minimise online risks and enhance child safety. Partner Ian McGill and Lawyer Valeska Bloch review these documents

28 February 2008

With the bulk of the Communications Legislation Amendment (Content Services) Act 2007 (Cth) becoming operative on 20 January 2008, the Australian Communications and Media Authority has responded to the new content regulation scheme by developing a new Restricted Access Systems Declaration, which regulates access to restricted content delivered to mobile handsets and over the Internet. Lawyer Matt Vitins and Summer Clerk Chris Dalton look at what will change

18 February 2008

Over the past 18 months, the Government made incremental changes to the Broadcasting Legislation Amendment (Digital Television) Act 2006 to facilitate the transition from Australia's single analogue television broadcasting service to a system requiring broadcasting in digital mode, and facilitate the associated services and new channels

03 December 2007

Recent and complex changes to the Broadcasting Services Act 1992 have been driven by an objective of harmonising Australia's content regulation. Subject to a number of exceptions, whatever the delivery platform or form the content takes, whether permanent or ephemeral, the Internet content industry will be required to respect community standards on content, particularly that which may be objectionable to children. Partner Ian McGill and Lawyer Valeska Bloch review the changes

29 October 2007

Partner Catherine Parr, Special Counsel Karin Clark and Articled Clerk Kelly Griffiths report on proposals in the Australian Law Reform Commission's recent discussion paper for the reform of Australian privacy laws as they relate to credit reporting

26 October 2007

A recent Federal Court case considered the issue of when a distribution agreement or trade mark licence is also a franchise agreement and is, therefore, regulated by the mandatory Australian Franchising Code of Conduct. Partner Tim Golder and Lawyer Robyn Chatwood report on how the case clarified the factors relevant to a 'system or marketing plan' and detail the court's non-exhaustive list of considerations

17 October 2007

The release of new geographic domain names will give businesses an opportunity to register domains that reflect a geographic connection to their business. Senior Associate Jesse Gleeson and Articled Clerk Jeremy Collins report