2691-2700 of 4389 results
ASIC's product intervention power – time to permanently retire a furphy?
Three consultation papers released by ASIC in recent times are far more interesting for what they reveal about whether the newly-minted product intervention power was really needed in the first place, than they are for what they say about ASIC's intentions in exercising the power. ...
ACCC contemplates broader powers; new guidance on the IP exemption repeal; and the final word on foreign currency conversion services
ACCC contemplates broader powers; new guidance on the IP exemption repeal; and the final word on foreign currency conversion services ...
The Full Federal Court dismisses the appeal in Encompass Corporation v InfoTrack
The Full Federal Court decision in Encompass Corporation v InfoTrack confirms that 'computer-implementation' is insufficient to provide patentability to an otherwise unpatentable scheme. ...
Jump Swim in deep water over alleged misleading conduct; new guidelines offer tips for avoiding gun jumping; and ACCC bleats at goat cheese RPM notification.
The ACCC alleges that Jump Swim's promotional material contained false or misleading representations that prospective Jump Swim School franchisees would have an operational swim school within 12 months of signing a franchise agreement ...
Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...
Unity of porpoise means no mere aqua-escence in latest Trident decision
The latest appeal decision in a longstanding trade mark feud between US-based seafood giant Trident Seafoods Corporation and Australian company Trident Foods Pty Ltd has eased the burden of establishing authorised use of a trade mark by companies within the same corporate group ...
All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...
Inducements in the corporate superannuation sector – guidance misses the mark
There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...
Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a contractor elects to terminate a contract as a consequence of repudiation. ...
Allens advises on first ACCC merger authorisation
This is the first merger authorisation considered by the ACCC after recommendations from the Harper Review were implemented in November 2017. Merger authorisation involves a public application and ...