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Fighting to protect Fintech innovations
Insight 03 Dec 2014

The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...

The China-Australia Free Trade Agreement
Insight 21 Nov 2014

After almost 10 years of negotiations between the nations on 17 November 2014 Prime Minister Abbott and President Xi announced the conclusion of negotiations on the China Australia Free Trade Agreement ChAFTA Once implemented the ChAFTA is expected to significantly reduce import barriers for ...

High Court examines powers of responsible entities
Insight 07 Nov 2014

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 fiduciary duty of mortgage brokers?
Insight 05 Nov 2014

There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...

Competition law update
Insight 30 Oct 2014

In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...

Comply or say bye to your franchise!
Insight 23 Oct 2014

With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...

Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
Insight 16 Sep 2014

A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...

Isolated genetic material confirmed as patentable
Insight 12 Sep 2014

In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...

Australian landholder duty: avoid the pitfalls of an ever expanding duty base
Insight 10 Sep 2014

An increased focus on taxing indirect real property transfers has seen the 'land-rich' or 'landholder' duty rules expand significantly over the years, resulting in far more transactions being liable to duty. ...

Court takes an expansive view of threshold requirement for class actions against multiple respondents
Insight 08 Sep 2014

A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...

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