The difficulty of registering a colour mark or word mark denoting a colour that include issues of market place recognition was highlighted by a recent set of appeals revolving around the use of the word Yellow in a tussle between various business directory goods and service providers Partner Sarah ...

In a recent decision the Victorian Court of Appeal has held that parties to an arbitration agreement cannot avoid arbitration by seeking to bring the claim in a statutory tribunal Partner Nick Rudge and Lawyer James Waters report on a case that reinforces the trend of Australian courts to give ...

A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

The Government has announced as part of the Budget that it will introduce a new multinational anti-avoidance law into Part IVA of the Income Tax Assessment Act 1936 The new law will apply to tax benefits obtained on or after 1 January 2016 It is aimed at 30 identified multinationals with Australian ...

The full federal court have ruled in favour of Pfizer against the ACCC alleging that Pfizer used its market power for an anti-competitive purpose (s 46) and engaged in exclusive dealing conduct for the purpose of substantially lessening competition in the atorvastatin market (s 47). ...

The NSWSC has selected one of five ongoing class actions against AMP Limited to proceed, making a clear statement that multiple class actions raising similar issues should not be permitted without good reason ...

In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...

A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...

Following a period of industry consultation the Federal Government has introduced updated legislation that will introduce a mandatory data breach notification scheme The new Bill will amend the Privacy Act 1988 Cth when it comes into force and will apply to all Australian companies currently subject ...