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Linklaters Insights: year in review 2019 and year to come 2020
Insight 17 Dec 2019

Now in its 9th year, Linklaters' popular series brings together analysis, thinking and highlights from its lawyers around the world in the form of topic-specific and jurisdictional guides. These guides summarise a selection of the major developments you should be aware of from 2019, and those you should expect in 2020. They aim to give you a comprehensive overview, with links to more information where applicable. ...

Bikinis from Way-back-when
Insight 17 Dec 2019

In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...

Computer-implemented business methods and manner of manufacture…where do we stand?
Insight 17 Dec 2019

In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...

IP rights and Indigenous Knowledge: the case of gumby gumby
Insight 17 Dec 2019

A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...

Next generation of paediatric neurology
Insight 17 Dec 2019

For 21 years, the Allens Paediatric Neurology Fellowship has provided funding for junior paediatric doctors to develop a further sub-speciality in neurology. To celebrate this partnership, our Sydney summer clerks visited Sydney Children's ...

Australia considers adopting worldwide human rights sanction regime
Insight 17 Dec 2019

The Joint Standing Committee on Foreign Affairs, Defence and Trade has announced a parliamentary inquiry into whether Australia should introduce legislation authorising the Government to impose ...

When performance is personal – the hazards of subcontracting without consent
Insight 17 Dec 2019

A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...

Goodbye, conflicted remuneration (and hello, conflicted remuneration)
Insight 13 Dec 2019

As 2019 draws to a close, it is almost 6½ years since the ban on conflicted remuneration commenced, and a little over 12 months until the grandfathering of said remuneration ends. Senior Regulatory Counsel Michael Mathieson reports. ...

ASIC Report 639: Why not…review and remediate?
Insight 13 Dec 2019

ASIC Report 639 Financial advice by superannuation funds was published on 3 December. It examines the ways in which superannuation funds provide financial advice to members and the overall quality of personal financial advice obtained through funds. ...

Disclosure of fees and costs and new RG 97
Insight 13 Dec 2019

Anyone with even a passing professional interest in superannuation and funds will be familiar with 'RG 97'. For the last five years or so, the industry has been struggling to make sense of what information is required to be disclosed in a PDS and periodic statement for a superannuation fund or managed investment scheme. ASIC promised a 'facilitative approach' to supervision and Darren McShane (an independent expert) was appointed by ASIC to make recommendations to improve the regime. ...

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