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.
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.
The ACCC Gains Significant New Investigative Powers Under Section 155 of the Trade Practices Act
26 May 2008
Author: Kathryn Edghill, Partner and Graham Maher, Partner
Practice area: Competition, Trade Practices & Regulatory
The Australian government has announced the introduction of a significant extension to the powers of the Australian antitrust regulator, the Australian Competition and Consumer Commission (ACCC) to investigate suspected breaches of the Trade Practices Act (TPA). These powers enhance the ACCC's ability to obtain documents and information from companies (and individuals) doing business in Australia, to support allegations of breaches of the TPA, outside the regular court processes such as discovery, even though proceedings have been commenced.
Internet Regulation - End of Cross-Border Restrictions on Gambling Activities?
27 March 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
Today's High Court decision in Betfair & Anor -v- Western Australia is a watershed in the regulation of betting exchanges and other wagering and sportsbetting operators as well as other Internet businesses in Australia.
Can a Shape Trademark be used to Extend Patent Rights?
11 March 2008
Author: Martin O'Connor, Partner
Practice area: Intellectual Property & eCommerce
The decision of Greenwood J in Mayne Industries Pty Ltd v Advanced Engineering Group Pty Ltd [2008] FCA 27 was delivered on 23 January 2008 (the "Judgment"). The Judgment illustrates that the Trademarks Act 1995 (Cth) (the "Act") cannot be relied on to provide enduring exclusive rights to protect an article previously protected under a patent. The Judgment suggests that the Act is particularly unreliable in providing exclusive rights where the actual sign is the only commonly known way of describing the article.
Polo - Ralph Lauren - Copyright Claim Comes Unstitched
4 March 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
In a recent decision of the Federal Court in The Polo/Lauren Company v Ziliani Holdings [2008] FCA 49, Polo/Lauren failed in its attempt to restrain the importation into and sale of clothing in Australia bearing the fashion house's signature polo player logo. The case involved the question of whether a symbol, when lawfully embroidered overseas into the external surface of clothing, is protected by copyright within the provisions of the Copyright Act 1968(Cth) so that it may not be imported for sale in Australia without the consent of the person entitled to the Australian copyright.
Civil Proceedings for Cartel Conduct: No Public Interest in Australia in preventing disclosure of whistleblower's statement
26 February 2008
Author: Graham Maher
Practice area: Competition, Trade Practices & Regulatory
The Australian Federal Court recently rejected an argument by the Australian Competition and Consumer Commission (ACCC) that draft witness statements made by officers of an immunity applicant and intended for use, although not used, in penalty proceedings, should not be disclosed in subsequent civil proceedings on the basis of public interest immunity.
Contesting the Jurisdiction of Australian Courts by Foreign Companies and Individuals - No Exposure to Compulsory Processes of the Court
19 February 2008
Author: Kathryn Edghill, Partner and Graham Maher, Partner
Practice area: Competition, Trade Practices & Regulatory
In a recent decision (Armacel Pty Limited v Smurfit Stone Container Corporation [2007] FCA 1928) the Federal Court of Australia held that a foreign corporation which was contesting the Court's jurisdiction in proceedings commenced against it could not be compelled to comply with compulsory processes of the Court such as Notices to Produce documents. The case has ramifications not only for foreign respondents who are served with Australian court proceedings overseas but also for persons wishing to proceed in Australia against foreign respondents.
How Rights in Trade Marks can be Lost in Australia! The Alarming Result of the Colorado Case
12 February 2008
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
In 2006, Colorado Group's action against Strandbags over the infringement of the trade mark "Colorado", with subsidiary claims of misleading conduct and passing off, was heard in the Federal Court of Australia. At the time, Strandbags lodged a counterclaim seeking an order to remove Colorado Group's "Colorado" word trade mark from the Trade Marks Register. This matter was the subject of a recent appeal before the Full Court of the Federal Court.
Franchising Code of Conduct - Mandatory Changes in Force from 1 March 2008
7 February 2008
Author: Jamie Nettleton, Partner
Practice area: Franchising
Franchising in Australia is a successful $130 billion industry, providing employment for more than 600,000 Australians.
Ribena - a Sure Recipe for Deception!
7 February 2008
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
Early last year, GlaxoSmithKline ("GSK"), the manufacturer and supplier of Ribena, the popular blackcurrant fruit drink, was fined NZ$227,500 and ordered by the Auckland District Court to run a corrective advertising campaign.
Interface between TGA and Food Regulation
5 February 2008
Author: Jamie Nettleton
Practice area: Marketing & Advertising
The distinction between the regulation of therapeutic goods and food regulation has become increasingly blurred due to the prevalence of foods and drinks on the market that claim to have health benefits and nutritional qualities.
Cartel Conduct to be a Criminal Offence in Australia
24 January 2008
Author: Graham Maher, Partner and Kathryn Edghill, Partner
Practice area: Competition, Trade Practices & Regulatory
On 11 January 2008 the Australian Government released for public comment a draft Bill (Bill) in which it proposes to amend the Trade Practices Act 1974 (Act) by introducing two criminal offences relating to cartel conduct. One aspect of the proposed amendments includes a broadening of the extraterritorial application of the Act which will make the accessorial liability provisions applicable to conduct engaged in wholly outside Australia, but which has an effect in an Australian market.