Thursday, 22 August 2019
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Alexander Latu


 

Telephone +61 2 8915 1039
Facsimile +61 2 8916 2000
Email Alexander
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I litigate and provide advice to a range of corporate and individual clients, both domestic and international, as part of Addisons’ media and intellectual property practice. My work involves the intersections of new technology and media practices including defamatory online publications of various types, copyright issues and consumer law disputes. Based on building strong relationships with clients, it also extends to litigious matters involving other areas of their businesses.


I have worked with clients to navigate applicable regulatory/administrative frameworks, including dealings with regulators on compliance and other issues in circumstances where civil/criminal liability or other regulatory consequences might arise.


In 2010 I was first admitted to the legal profession in New Zealand where I clerked for Judges of the Court of Appeal and Supreme Court, gaining exposure to a wide variety of legal areas. I then completed a Master of Laws at New York University’s School of Law before joining Addisons in 2014. 
 

 

Qualifications

LLM (Hauser Global Scholar, Fulbright Scholar) - New York University, School of Law

 

BA/LLB (Hons, First Class) - University of Otago

 

Member, Communications and Media Law Association (CAMLA)

 

Enrolled as a barrister and solicitor of the High Court of New Zealand, October 2010

Latest News
Addisons helps Bega win battle over peanut butter packaging
03 May 2019
On 1 May 2019 the Federal Court of Australia confirmed Bega Cheese’s right to continue to use the packaging get-up or trade dress associated with the peanut butter products that it acquired as part of its purchase of the Mondelez Grocery Business in 2017. Importantly, this gives Bega Cheese the right to continue to use the current packaging of its Smooth and Crunchy Peanut Butter products.
MORE INFORMATION
See More
Latest Knowledge
Loot Boxes, Surprise Mechanics, and Kinder Eggs - How should loot boxes be regulated?
12 August 2019
Globally, several jurisdictions are in the process of considering, or have already considered, their regulatory regimes in respect of loot boxes and have reached differing views as to the best way to regulate them. In this focus paper, we consider Australian and international regulatory developments with respect to the regulation of loot boxes.
MORE INFORMATION
Is the ACCC losing its touch? “Flushable Wipes” and “Biodegradable Plates” cases break down in Federal Court
08 August 2019
Within one week, the ACCC has had two high-profile consumer law cases thrown out of the Federal Court – against Kimberly-Clark and Woolworths, separately.
MORE INFORMATION
Massachusetts' Wynn Decision - Analysis from an Australian perspective
01 August 2019
When reviewing a licence application, a regulator carries out a due diligence process which is a fundamental step in the procedure towards granting a licence. It is important to remember that this is only the first step – the Wynn case illustrates the necessity for there to be ongoing due diligence from the perspectives of both the regulator and the operator.
MORE INFORMATION

My experience includes:

 

  • advising media organisations on pre-publication issues and regulatory/administrative frameworks (e.g. ACMA, privacy and related issues)
  • advising on intellectual property protection and disputes (e.g. misleading and deceptive conduct, copyright)
  • litigating proceedings in the substantive areas above including defamation, breach of confidence, contractual disputes and Australian Consumer Law claims.
  • assisting in regulatory compliance matters
 

Qualifications

LLM (Hauser Global Scholar, Fulbright Scholar) - New York University, School of Law

 

BA/LLB (Hons, First Class) - University of Otago

 

Member, Communications and Media Law Association (CAMLA)

 

Enrolled as a barrister and solicitor of the High Court of New Zealand, October 2010

Latest News
Addisons helps Bega win battle over peanut butter packaging
03 May 2019
On 1 May 2019 the Federal Court of Australia confirmed Bega Cheese’s right to continue to use the packaging get-up or trade dress associated with the peanut butter products that it acquired as part of its purchase of the Mondelez Grocery Business in 2017. Importantly, this gives Bega Cheese the right to continue to use the current packaging of its Smooth and Crunchy Peanut Butter products.
MORE INFORMATION
See More
Latest Knowledge
Loot Boxes, Surprise Mechanics, and Kinder Eggs - How should loot boxes be regulated?
12 August 2019
Globally, several jurisdictions are in the process of considering, or have already considered, their regulatory regimes in respect of loot boxes and have reached differing views as to the best way to regulate them. In this focus paper, we consider Australian and international regulatory developments with respect to the regulation of loot boxes.
MORE INFORMATION
Is the ACCC losing its touch? “Flushable Wipes” and “Biodegradable Plates” cases break down in Federal Court
08 August 2019
Within one week, the ACCC has had two high-profile consumer law cases thrown out of the Federal Court – against Kimberly-Clark and Woolworths, separately.
MORE INFORMATION
Massachusetts' Wynn Decision - Analysis from an Australian perspective
01 August 2019
When reviewing a licence application, a regulator carries out a due diligence process which is a fundamental step in the procedure towards granting a licence. It is important to remember that this is only the first step – the Wynn case illustrates the necessity for there to be ongoing due diligence from the perspectives of both the regulator and the operator.
MORE INFORMATION
‘Format copyright’
We have acted in relation to various disputes involving claims of copyright infringement based on asserted copyrights in the ‘formats’ of non-scripted productions, resolving issues to our clients’ satisfaction.
View Full Case Study
Complex equitable tracing claim
We worked closely with expert and lay witnesses to account for the treatment of disputed assets over a multi-year period and identify equitable bases for establishing interests in remaining assets, enabling the proceeding to be successfully resolved.
View Full Case Study
Complex ACL proceeding
We prepared a case for trial that required wide-ranging and extensively detailed scientific evidence to be finalised within tight deadlines, enabling the proceeding to be settled to our clients’ satisfaction.
View Full Case Study
Various high profile individuals/key brands
We have acted on behalf of several high profile media personalities and businesses in response to fake Facebook and Twitter accounts or other false online publications. We have been successful in responding quickly to the existence of such accounts/publications and using a combination of legal and commercial bases to secure their removal.
View Full Case Study
Seven West Media; Australia Associated Press.
We advise Seven, AAP, and other publishers on a daily basis on their news and current affairs reports. Our advice covers defamation, contempt, intellectual property and a range of statutory reporting restrictions, and extends to international publishers who seek guidance on these issues or are involved in related litigation.
View Full Case Study
 

Qualifications

LLM (Hauser Global Scholar, Fulbright Scholar) - New York University, School of Law

 

BA/LLB (Hons, First Class) - University of Otago

 

Member, Communications and Media Law Association (CAMLA)

 

Enrolled as a barrister and solicitor of the High Court of New Zealand, October 2010

Latest News
Addisons helps Bega win battle over peanut butter packaging
03 May 2019
On 1 May 2019 the Federal Court of Australia confirmed Bega Cheese’s right to continue to use the packaging get-up or trade dress associated with the peanut butter products that it acquired as part of its purchase of the Mondelez Grocery Business in 2017. Importantly, this gives Bega Cheese the right to continue to use the current packaging of its Smooth and Crunchy Peanut Butter products.
MORE INFORMATION
See More
Latest Knowledge
Loot Boxes, Surprise Mechanics, and Kinder Eggs - How should loot boxes be regulated?
12 August 2019
Globally, several jurisdictions are in the process of considering, or have already considered, their regulatory regimes in respect of loot boxes and have reached differing views as to the best way to regulate them. In this focus paper, we consider Australian and international regulatory developments with respect to the regulation of loot boxes.
MORE INFORMATION
Is the ACCC losing its touch? “Flushable Wipes” and “Biodegradable Plates” cases break down in Federal Court
08 August 2019
Within one week, the ACCC has had two high-profile consumer law cases thrown out of the Federal Court – against Kimberly-Clark and Woolworths, separately.
MORE INFORMATION
Massachusetts' Wynn Decision - Analysis from an Australian perspective
01 August 2019
When reviewing a licence application, a regulator carries out a due diligence process which is a fundamental step in the procedure towards granting a licence. It is important to remember that this is only the first step – the Wynn case illustrates the necessity for there to be ongoing due diligence from the perspectives of both the regulator and the operator.
MORE INFORMATION
No comment? Potential liability for third party Facebook comments following the "Voller" judgment
1/7/2019
In its recent decision in Voller the Supreme Court of New South Wales has established that media organisations may be liable as publishers of defamatory comments made by third parties on their public Facebook pages.
View Full Focus Paper
Offers of settlement and costs implications in defamation proceedings
12/4/2019
Amidst the anticipation of the verdict in defamation trials, little publicity is given to the issue of costs. However, the issue of costs should not be overlooked – as will be discussed, a party’s conduct leading up to and during the proceedings may influence the type of costs orders which are made and therefore the amount of costs they pay.
View Full Focus Paper
Gambling Law & Regulation Newsletter - December 2018
21/12/2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
View Full Publication
Federal Court smiles at Telstra’s “I Go to Rio” advertising campaign
3/8/2016
The Federal Court of Australia has dismissed an application brought by the Australian Olympic Committee (AOC) who claimed that a series of Telstra advertisements falsely or misleadingly suggested that Telstra was a provider of sponsorship or sponsorship-like support for the upcoming Rio Olympic Games.
View Full Focus Paper
A less restrictive ‘muzzle’ on the free press? INSLM recommends amendments to s 35P of the ASIO Act
4/2/2016
The Independent National Security Legislation Monitor (INSLM) this week has recommended changes to the operation of section 35P of the ASIO Act which was introduced in 2014 and created criminal offences carrying sentences of up to 10 years imprisonment for persons who disclosed information that “relates to a special intelligence operation [“SIO”]”. (See excerpts of the section below).
View Full Focus Paper
New Zealand - Review of Offshore Online Betting Regulation
5/6/2015
Recently, New Zealand announced a review of its legal approach towards online betting services provided by offshore operators to New Zealand residents. This announcement was made on 16 April 2015 by New Zealand’s Racing Minister, Nathan Guy. The review is to be conducted by a Working Group in accordance with specified Terms of Reference.
View Full Focus Paper
The Good, the Bad and the Libellous – An overview of legal issues concerning online product and service reviews
27/3/2015
Online review platforms – websites that provide information about products, services and businesses based on consumer-experiences – are on the rise. So too is the reputational risk which may result from the publication of negative reviews.
View Full Focus Paper
Pranked! High Court hangs up on 2Day FM: ACMA can determine whether broadcasters engage in criminal conduct
4/3/2015
Today’s unanimous High Court of Australia decision (a joint judgment of French CJ with Hayne, Kiefel, Bell and Keane JJ; and a separate judgment by Gageler J) allows the Australian Communications and Media Authority (ACMA), a non-judicial body, to impose enforcement action, including penalties, on broadcasters for committing a criminal offence.
View Full Focus Paper
The trade mark that stops an ad campaign? IP and related issues in marketing by bookmakers
17/12/2014
A website is devoted to retired racehorse Black Caviar where roses, horse-care products and a range of merchandise may be purchased – all bearing the famous mare’s trade marked name or racing silk design.
View Full Focus Paper
Attack of the Drones: trespass, safety and privacy risks involved in the newest form of flight
5/12/2014
In Australia as well as overseas, the popularity of small, unmanned, remotely piloted aircraft (often quad-copters or similar) with capabilities including carrying cameras – ‘drones’ – is booming. Drones are available at various prices, with greater or fewer technical capabilities accordingly.
View Full Focus Paper
Freedom of search results: Google and others not liable for defamatory search results, at least until they are put on notice
20/8/2014
The Supreme Court of New South Wales has significantly limited the liability of search engines, such as Google, for any defamatory ‘publication’ which arises from an automatically generated search result on the site. In doing so, the Court has declined to follow an earlier Victorian decision and instead favoured a series of English cases concerning defamatory search results.
View Full Focus Paper
 

Qualifications

LLM (Hauser Global Scholar, Fulbright Scholar) - New York University, School of Law

 

BA/LLB (Hons, First Class) - University of Otago

 

Member, Communications and Media Law Association (CAMLA)

 

Enrolled as a barrister and solicitor of the High Court of New Zealand, October 2010

Latest News
Addisons helps Bega win battle over peanut butter packaging
03 May 2019
On 1 May 2019 the Federal Court of Australia confirmed Bega Cheese’s right to continue to use the packaging get-up or trade dress associated with the peanut butter products that it acquired as part of its purchase of the Mondelez Grocery Business in 2017. Importantly, this gives Bega Cheese the right to continue to use the current packaging of its Smooth and Crunchy Peanut Butter products.
MORE INFORMATION
See More
Latest Knowledge
Loot Boxes, Surprise Mechanics, and Kinder Eggs - How should loot boxes be regulated?
12 August 2019
Globally, several jurisdictions are in the process of considering, or have already considered, their regulatory regimes in respect of loot boxes and have reached differing views as to the best way to regulate them. In this focus paper, we consider Australian and international regulatory developments with respect to the regulation of loot boxes.
MORE INFORMATION
Is the ACCC losing its touch? “Flushable Wipes” and “Biodegradable Plates” cases break down in Federal Court
08 August 2019
Within one week, the ACCC has had two high-profile consumer law cases thrown out of the Federal Court – against Kimberly-Clark and Woolworths, separately.
MORE INFORMATION
Massachusetts' Wynn Decision - Analysis from an Australian perspective
01 August 2019
When reviewing a licence application, a regulator carries out a due diligence process which is a fundamental step in the procedure towards granting a licence. It is important to remember that this is only the first step – the Wynn case illustrates the necessity for there to be ongoing due diligence from the perspectives of both the regulator and the operator.
MORE INFORMATION