All FocusPapers
As highly regarded experts in their fields, the team at Addisons are regularly called upon to write for a variety of publications or speak on particular areas of law in the media. We understand the importance to our clients of having regular access to articles outlining the current legal issues effecting their businesses.
We have therefore created the Addisons FocusPapers, where you will find recent articles, publications and newsletters written by our team on particular practice areas and specialisations.
AUSTRALIA - COPYRIGHT IN DATABASES/COMPILATIONS - THE ICE CASE - IS ANY USE OF INFORMATION IN A DATABASE SUBJECT TO COPYRIGHT PERMITTED?
4 September 2008
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
In May 2008, the Full Federal Court of Australia upheld an appeal by Nine Network Australia Pty Limited ("Nine"), finding that Ice Pty Limited ("Ice") had infringed the copyright in Nine's television program schedules. The Full Federal Court held that Ice infringed Nine's compilation copyright by substantially reproducing Nine's program titles and times in Ice's subscription-based electronic program guide ("EPG") for television.
Redeemable preference shareholders in an administration or winding up
4 September 2008
Author: Nicole Tyson, Partner
Practice area: Insolvency & Corporate Reconstruction
Addisons has recently acted for the administros of a company in administration in whcih the NSW Supreme Court has given directions as to whether redeemable preference shareholders of the company hold their rights as shareholders or creditors.
ARE YOU INSURED?
4 September 2008
Author: Nicole Tyson, Partner
Practice area: Commercial Litigation & Dispute Resolution
A recent decision of the High Court acts as a reminder of the importance of
Milestone Agreement Set to Increase Access to US Capital Markets
3 September 2008
Author: David P. Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
On 25 August 2008, the Australian Securities & Investments Commission ("ASIC") together with the Australian Minister for Superannuation and Corporate Law, executed a Mutual Recognition Arrangement ("MRA") with ASIC's US counterpart, the United States Securities and Exchange Commission ("SEC"). The MRA is expected to significantly reduce requirements for Australian entities wishing to offer securities to US investors. The agreement follows similar agreements that Australia has signed with New Zealand and Hong Kong authorities that are intended to establish closer links with their respective financial markets.
Is Poker a Game of Chance? - The Australian Position
20 August 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
The recent case of Police v Jones, Police v Ravesi [2008] SAMC 62 confirms that poker involves skill and is not merely a game of chance. Although the outcome of this case was dependent on the specific wording of the South Australian statute, it confirms the view taken by most Australian authorities that poker should be treated different from other games when considering whether unlawful gambling has taken place.
New .tel Domain Name - Available to Trade Mark Owners from December 2008
18 August 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The next generation of Domain Names will arrive later this year. Unlike its predecessors (like the .mobi Domain) the .tel Domain is not targeted to those wanting a Domain from which to run, for example, a company website. Rather, the .tel Domain aims to act as a name based navigation system.
ASX Review Highlights Need for Prompt Disclosure of Directors' Interests
4 August 2008
Author: David Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
The Australian Securities Exchange has recently released its findings of a review conducted by ASX Markets Supervision of disclosure of directors' interest notices lodged by listed entities. The Review was conducted over the period commencing 1 January and ending on 31 March 2008.
When is an Agreement Over and Out?
21 July 2008
Author: Philip Stern, Partner
Practice area: Commercial Litigation & Dispute Resolution
In Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61 ("Koompahtoo"), the High Court has confirmed the ability of a party to a contract to terminate, where the other party has breached a non-essential term of the contract.
ASIC Issues New Class Order and Regulatory Guide on Accelerated Rights Issues
11 July 2008
Author: David P. Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
The Australian Securities & Investments Commission has recently issued Class Order 08/35 ("Class Order") and Regulatory Guide 189 in relation to disclosure relief for accelerated rights issues. The relief is intended to allow entities to raise funds more quickly than by way of traditional rights issues and without requiring a prospectus or product disclosure statement.
A MONSTER WASTE OF ENERGY? THE FEDERAL COURT DELIVERS A FIRM REMINDER ABOUT TRADE MARK REGISTRATION
11 July 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The Federal Court's judgment in Hansen Beverage Company v Bickfords (Australia) Pty Limited ([2008] FCA 406, 31 March 2008) emphasises that it is vital to register a trade mark in Australia in order to protect rights in a name, regardless of the trade mark's widespread use overseas.
Determine Takeover Premiums as You Will, But Make Sure You Explain Why
7 July 2008
Author: David P. Selig, Partner and Renee Shipp, Senior Associate
Practice area: Corporate, Mergers & Acquisitions
The Takeovers Panel has recently handed down another decision in InterMet Resources Limited [2008] ATP 17 which, consistent with its previous decisions in Programmed Maintenance Services Limited 02 [2008] ATP 9 and Magna Pacific (Holdings) Limited [2007] ATP 02, confirms the Panel's view that bidders and targets should not be limited in the ways in which they calculate premiums implied by takeover offers. The Panel confirmed that it will leave bidders and targets free to calculate premiums using share prices at different times and by using different valuation methodologies (such as a VWAP compared with a quoted price on a single day) provided that where comparisons are made on a basis that is not 'like for like', an explanation of why a particular valuation methodology was chosen must be given.
Race Fields Legislation - Will the New South Wales Legislation withstand a Constitutional Challenge?
2 July 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
NSW race fields legislation came into force on 1 July 2008. The offence provisions contained in the legislation come into effect on 1 September 2008.
Australia - New Zealand Mutual Recognition of Securities Regime Comes into Force
30 June 2008
Author: David P. Selig, Partner
Practice area: Corporate, Mergers & Acquisitions
On 10 October 2007, Addisons reported on proposed amendments to the Corporations Act 2001 (Cth) ("Corporations Act") dealing with mutual recognition of securities offerings between Australia and New Zealand. Those amendments recently came into force enabling Australian and New Zealand issuers to take advantage of reduced regulatory requirements when issuing securities across the Tasman.
Lie to the ACCC at your peril - the ACCC commences criminal prosecution for breach of section 155 of the Trade Practices Act
20 June 2008
Author: Kathryn Edghill, Partner and Graham Maher, Partner
Practice area: Competition, Trade Practices & Regulatory
In a high profile case demonstrating the seriousness with which Australia's competition regulator, the Australian Competition and Consumer Commission (ACCC) will pursue those involved in breaches of the Trade Practices Act (TPA), the ACCC has commenced criminal proceedings against the chairman of the Visy Group of companies, Mr Richard Pratt, alleging that he gave false evidence to it during its investigation of price fixing between Visy and a competitor, Amcor, in the corrugated cardboard carton industry in Australia.
Exclusive Dealing Under the Trade Practices Act - eBay's Application for Immunity Rejected by the ACCC
18 June 2008
Author: Kathryn Edghill, Partner and Graham Maher, Partner
Practice area: Competition, Trade Practices & Regulatory
In a timely reminder that the grant of immunity for exclusive dealing conduct which would otherwise be a breach of the Trade Practices Act is not necessarily a foregone conclusion, the Australian Competition and Consumer Commission (ACCC) recently issued a draft determination rejecting eBay's application for immunity in respect of its proposed requirement that users of its on-line marketing facility make and receive payments through accounts held with its related company, PayPal.