Opening the International Bar Association (IBA) conference in Sydney on Sunday night, Attorney-General George Brandis made a staunch defence of the rule of law, highlighting the need for lawyers to contribute to its protection. Harkening back to the adoption of the IBA’s adoption of its constitution in 1947, soon after the atrocities of WWII and …
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It is the Bill that has done the rounds of Parliament and been the subject of much anticipation and commentary. Privacy nerds everywhere (read: Griffin Legal staff) were waiting with bated breath to see if the latest amendments to the Privacy Act 1988 (Cth) would be passed. On 13 February 2017, the Privacy Amendment (Notifiable …
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Yesterday, AFP employees delivered a clear message to the AFP Executive that they will not accept the Enterprise Agreement being offered by the AFP. 87.2% of employees cast a vote, and of those 80.88% voted no, meaning that only 19.12% voted yes. To set the scene, the circumstances leading into the vote were as follows: …
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If you are the tenant or landlord of a retail or commercial lease, your lawyer probably required you to sign a Disclosure Statement prior to the commencement of the lease. You may be about to enter into a lease and have been provided with a Disclosure Statement. You may be wondering, what is this? Why …
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It is typical for landlords to require tenants to provide security under a lease, to secure the tenant’s obligations under the lease. There are various types of security that may be provided, including bank guarantees, bonds and – where the tenant is a company – personal guarantees from the directors of the tenant entity. The …
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The unfair contracts legislation is being amended with effect from 12 November 2016 to apply to small businesses in addition to individuals. What is the current law? Unfair contract terms are regulated under the Australian Consumer Law – Competition and Consumer Act 2010 (Cth) Schedule 2 (CCA). Section 23 of the CCA states that any …
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Following the enactment of the Competition and Consumer Amendment (Payment Surcharges) Act 2016, businesses should be aware of new restrictions in imposing payment surcharges on customers. This amendment to the Competition and Consumer Act 2010 (Cth) (CCA) essentially bans ‘excessive’ surcharges on credit and debit card payments in transactions. This is intended to limit surcharges …
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Earlier this year, IP Australia conducted an extensive review of its fee structure in consultation with various stakeholders. The results of this review are now finalised and IP Australia has announced that new fees will apply from 10 October 2016. The changes to trade mark fees may be significant to current trade mark owners, and …
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On 11 February 2016, the Federal Court handed down its judgment in the case of Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939. The decision marked the end of the latest chapter in the trade mark battle between Dick Smith’s OzEmite and AussieMite. While this dispute has been in the media through its …
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Thought you can use the internet anonymously? A recent Australian case has shown that the right to privacy does not necessarily prevent someone finding out your identity in order to make a claim against you. If an individual or entity has a right to relief against a prospective respondent but cannot adequately identify that prospective …
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