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Allens advises Melbourne Water on Hobson's Bay Upgrade Project
News 01 Nov 2021

The Project involves significant tunnelling under the Yarra River to upgrade the key connection between Melbourne and the Western Treatment Plant in Werribee. This project is part of Melbourne ...

Recap of recent mandatory vaccination cases
Insight 29 Oct 2021

The Fair Work Commission (the FWC) and New South Wales Supreme Court (the NSWSC) have each recently made decisions regarding mandatory influenza and COVID-19 vaccination employment policies. ...

High Court denies academic million-dollar compensation award but protects intellectual freedom
Insight 29 Oct 2021

The High Court dismissed an appeal by Dr Peter Ridd, a former academic of James Cook University (the university), upholding his dismissal but recognising the protection of his intellectual freedom. ...

Pick up the pace – poor performer fails to establish negligence
Insight 29 Oct 2021

The New South Wales District Court has rejected a worker's negligence claim, finding that his supervisor's repeated requests for him to hurry up did not amount to bullying or a breach of the employer's duty of care. ...

Loaded rates approved under Hospitality Award
Insight 29 Oct 2021

Employers have had the option under the Hospitality Industry (General) Award 2020 (the Hospitality Award) of paying certain employees a loaded rate in satisfaction of overtime, penalty rates and the split shift allowance since 7 September 2021. ...

Queensland decision highlights importance of considering evidence that supports investigation finding
Insight 29 Oct 2021

The Queensland Industrial Relations Commission (the Commission) recently found an employer liable for a psychological injury caused by a three-month disciplinary process. ...

Amendments to the Designs Act: grace yourselves
Insight 28 Oct 2021

Now is the time to review your organisation's strategy for registering and filing designs after the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (Cth) (the Amending Act) received Royal Assent on 10 September 2021. ...

An update from New Zealand: double patenting win for patentees
Insight 28 Oct 2021

In New Zealand, it is now possible to overcome a double patenting objection by surrendering the parent patent, or by amending the claims of either the parent patent or the divisional application. IPONZ ...

'PROTOX' and 'PROCAT': the Federal Court considers deceptive similarity and the defence of comparative advertising
Insight 28 Oct 2021

Allergan Australia v Self Care IP Holdings and Caterpillar Inc v Puma SE highlight the precise nature of the test required in assessing deceptive similarity, as well as the limits of the comparative advertising defence to infringement. ...

When is a social media post clearly an #ad?
Insight 28 Oct 2021

Social media influencers are increasingly being held to account for failing to disclose advertising content – so businesses working with influencers also need to take note. The recent matter involving Nadia Fairfax and Samsung highlights this. ...

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