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Australia – Privacy Awareness Week 2013 – The Privacy Amendment (Enhancing Privacy Protection) Act 2012 – New Australian Requirements - Implications for Your Company
24/4/2013
Privacy Awareness Week for 2013 commences on 28 April 2013 and this year’s focus is privacy law reform. With Australia’s privacy law regime being overhauled recently when the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) became law in December 2012, now is the perfect time to familiarise yourself with the new requirements and ensure that your company fully complies with those requirements.
Australian Trade Marks - Important Reforms in Australian Trade Mark Law Come into Force on 15 April 2013 - The Intellectual Property Laws Amendment (Raising the Bar) Act 2012
11/4/2013
The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the Act) comes into force on 15 April 2013. This will (among other changes): 1. implement significant changes to the practice applicable to both trade mark opposition and removals; 2. introduce new procedures relating to customs notices, 3. provide for higher penalties; and 4. allow the incorporation of trade marks attorneys.
Australian Foreign Investment Policy Update: Higher Threshold extended to New Zealand Investors and Clarification of Application to Foreign Government Investors
25/3/2013
As of 1 March this year, the Foreign Investments Review Board (FIRB) amended its Foreign Investment Policy.
DBCDE Inquiry into Interactive Gambling Act 2001 (Cth) – Final Report Released – What does it mean for the Online Gambling Sector in Australia?
12/3/2013
On 12 March 2013, the Department of Broadband, Communications and the Digital Economy released its Final Report as part of its review of the Interactive Gambling Act 2001 (Cth).
Conducting Business in Australia
12/3/2013
Despite its relatively small population of around 23 million, Australia offers significant investment opportunities to both foreign and local investors. Australia’s stable economy and political system, sound infrastructure and highly skilled workforce make it an attractive destination for investors and a leading financial centre in the Asia-Pacific region.
Gaming Machines and Pre-Commitment: National Gambling Reforms Become Law - National Gambling Reform Act 2012, National Gambling Reform (Related Matters) Act (No. 1) 2012 and National Gambling Reform (Related Matters) Act (No. 2) 2012
1/3/2013
On 29 November 2012, the Federal Government was successful in passing through both houses of Parliament legislation aimed at regulating the operation and use of gaming machines and addressing associated issues of problem gambling. The Acts became law on 12 December 2012.
Sportsbet ‘Boxed Out’ of the Retail Market – the Betbox Case – Tabcorp’s Appeal Successful in the Full Federal Court
1/3/2013
On 12 October 2012, the Full Court of the Federal Court of Australia reversed the decision of Gordon J at first instance in the Betbox case.
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 - New Australian Requirements - Implications for the Direct Selling Sector
1/3/2013
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) became law in December 2012. This introduces a new statutory regime with mandatory privacy principles with which all relevant businesses must comply. These principles, know as the Australian Privacy Principles (or APPs), combine and replace the National Privacy Principles and the Information Privacy Principles contained in the Privacy Act 1988 (Cth).
Gambling Law & Regulation - March 2013
1/3/2013
Even though it is early in 2013, the topic of Gambling has not been far from the headlines in the Australian press.
The Australian Regulatory Landscape for Online Gambling Operators in 2013
1/3/2013
In early 2013, Australian gambling law is in a state of flux, particularly given that, first, it is a Federal election year, and secondly, the Federal legislation which prohibits online gambling remains under review. Given these two factors, it is difficult to predict how or whether the law affecting online gambling will change in 2013.
Kakavas – Appeal to be Heard by High Court of Australia
1/3/2013
On 14 December 2012, the High Court granted Mr Kakavas special leave to appeal against the decision of the Victorian Court of Appeal (which had unanimously affirmed the earlier decision at first instance) rejecting his claims against Crown Casino to recover gambling losses exceeding $20 million.
Wagering on Sport – Keep It Local – Retain the Integrity
1/3/2013
Sports controlling bodies and Australian wagering operators share a mutual interest in protecting the integrity of Australian sport. This was one of the central messages to emerge from a sports integrity forum hosted by law firm Addisons late in 2012.
Lady Luck, the Bookie and the Broker – Bets and Derivatives Both Appear to Involve Gambling. So why Does Australian Law Treat Them So Differently?
28/2/2013
In the lead-up to the November 2012 meeting of the Reserve Bank, a variety of markets were offered by bookmakers to punters. As one bookmaker publicly claimed that the likelihood that the RBA was going to lower the cash rate was so high that betting on this outcome was like putting money on Black Caviar to win, another bookmaker ceased offering a binary “yes, the cash rate will drop” market and instead offered bets on the margin by which the cash rate would drop.
Trade Promotions: Potential Legal Issues - Checklist for businesses: what you should consider before you conduct a promotion
11/12/2012
Trade promotions, also known as competitions, sweepstakes, contests or giveaways, are an increasingly popular way to promote goods and services to consumers.
Direct Selling Legal Update - October 2012
12/10/2012
Welcome to the latest edition of Addisons' Direct Selling Legal Update.
In this edition, we report on a number of interesting developments which affect those operating in the direct selling space.
Getting the Deal Through
12/9/2012
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2013
Gambling Law & Regulation - August 2012
17/8/2012
This issue of Addisons’ Gambling Law & Regulation newsletter is issued in connection with the Australasian Gaming Expo and Gaming, Racing and Wagering Australia 2012 Conference.
Online Gambling - To What Extent Do White Label, Affiliate and Other Revenue Share Agreements Require Approval from Gambling Regulators? - Decision of Northern Territory Racing Commission relating to Betezy
17/8/2012
In a recent decision handed down by the Northern Territory Racing Commission, sanctions were imposed on Betezy, one of the corporate bookmakers licensed in the Northern Territory to conduct sports bookmaking. This decision clarifies a number of operational issues of relevance when conducting gambling business under a licence granted in an Australian jurisdiction and the extent to which regulatory approval is required.
Wagering Operators Fined for Offering Inducements to Victorian Residents
17/8/2012
Two corporate bookmakers, Sportsbet and IASbet were found to have committed a number of offences following the offering of inducements to open betting accounts. This case highlights the attention being given by Australian authorities to forms of advertising by betting operators involving inducements.
Play on! The UK Gambling Commission Tells Game Show Producers that a Gambling Licence is not Required (For Now)
17/8/2012
As reported in the April 2012 issue of this newsletter, the UK Gambling Commission (the UK Commission) earlier this year considered whether popular UK game shows including Deal or No Deal and Red or Black gave rise to gambling law ramifications.
Problem Gambling - Proceedings to Recover Gambling Losses - The Australian Experience – Is Litigation Worth the Gamble?
17/8/2012
Whilst the topic of problem gambling has received a great deal of attention from policy-makers in recent times, some problem gamblers have continued to take matters into their own hands - through the courts. Problem gamblers have sought to recover all or part of their gambling losses by bringing claims against the gambling operators with whom they have gambled. This has led to the development of a body of case law that clarifies the extent to which, and the circumstances where, gambling operators may be liable for losses sustained by problem gamblers.
Any Given Sunday: Can Australian law reach your fantasy sports team? - The treatment of fantasy sports under Australian law – gaming, wagering or skill?
17/8/2012
Fantasy sports are predicted to be a $1.7 billion dollar business by 2017 in the US. The NFL’s fantasy gridiron competition alone is estimated to have in excess of 20 million participants. Locally, it is estimated that almost 1 million Australians participate in fantasy sports.
DBCDE Inquiry into Interactive Gambling Act – Interim Report – What Does it Mean for Wagering Operators in Australia? – Potential for Change in Australian Online Gambling Regulatory Landscape
18/6/2012
The Department of Broadband, Communications and the Digital Economy released its interim report in respect of its inquiry into the Interactive Gambling Act 2001 (Cth) on 29 May 2012.
DBCDE Inquiry into Interactive Gambling Act – Interim Report Released – What Does it Mean for Online Gaming in Australia?
18/6/2012
On 29 May 2012, the Department of Broadband, Communications and the Digital Economy released its Interim Report as part of its review of the Interactive Gambling Act 2001 (Cth).
Food with Health Benefits – New List of Permitted Health Claims in the European Union
14/6/2012
The European Commission has recently approved a list of 222 permitted health claims which may be used in respect of food. Companies will have until December 2012 to ensure that the labelling, packaging and marketing materials they use in the European Union comply with the new requirements. Examples of health-type claims include “rich in calcium for strong bones” or “reducing blood cholesterol”.
Privacy Amendment (Enhancing Privacy Protection) Bill 2012 - What Could This Mean For Your Business?
14/6/2012
On 23 May 2012, the Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was introduced into the Australian Parliament. Described by Attorney-General Nicola Roxon as “one of the most significant developments in privacy reform” since the introduction of the Privacy Act 1988, the Bill seeks to modernise Australia’s privacy protection framework and to provide greater control to consumers over the manner in which organisations use their personal information.
Door-to-Door Sales – Australian Consumer Law - Unsolicited Consumer Agreements – Do Not Knock Stickers and Register – Do Not Knock Register Bill 2012
14/6/2012
On 21 May 2012, Federal Labor MP, Steve Georganas introduced a private member’s bill in the lower house, which would establish a Do Not Knock Register. The Do Not Knock Register Bill 2012 is intended to prohibit salespeople from making marketing visits to residential and government addresses listed on the Register.
New Zealand Natural Health Products Bill – Implications for Supplies of Dietary Supplements – What could this mean for your business? – Increased Compliance Requirements and Costs?
14/6/2012
On 15 September 2011, the Natural Health Products Bill was read for the first time in the New Zealand Parliament. If passed, the new legislation will cover most natural therapeutic-type products which are currently regulated as dietary supplements under the Dietary Supplement Regulations 1985.
Australia – Direct Selling - Distributor Agreements - Policies & Procedures – NSW Supreme Court grants orders restraining distributor from using intellectual property and confidential information of a direct selling company
14/6/2012
In the direct selling space, independent distributor agreements and the Policies and Procedures that apply to Australians are rarely the subject of litigation. To the extent that disputes between distributors and direct selling organisations with whom they contract exist, they are usually settled without recourse to litigation.
Direct Selling Legal Update - June 2012
14/6/2012
Since our last Update, the legal landscape in which direct selling organisations (DSOs) conducting business in Australia operate has continued to change at a considerable pace. We report on some of these changes in our Update.
You’ll (Still) Feel Better on Swisse (Unless and Until the Complaints Resolution Panel Says Otherwise) - Health and Food Products – To What Extent Are Puffery and Claims About Health Benefits Permitted in Australian Advertisements?
8/6/2012
On Friday 25 May 2012, Tracey J of the Federal Court in Melbourne delivered his judgment in Swisse Vitamins Pty Ltd v The Complaints Resolution Panel1. The proceedings related to a decision by the Complaints Resolution Panel that advertisements published by Swisse Vitamins were in contravention of the Therapeutic Goods Administration Code.
Australian Competition & Consumer Commission – Australian Consumer Law – Unsolicited Consumer Agreements – Door-to-Door Sales – Energy Retailers – Do Not Knock – Reminder for Direct Selling Industry
8/6/2012
Previously, the Australian Competition and Consumer Commission announced that its objectives for 2012 included making full use of the profound changes in the Australian Consumer Law through enforcement. Consistent with its objective, the ACCC has been enforcing compliance with the ACL, in particular, the “unsolicited consumer agreement” provisions of the ACL.
Australia – Review of the Interactive Gambling Act by the Department of Broadband, Communications and the Digital Economy – Interim Report Released - What does it mean for the Online Gambling Sector?
29/5/2012
On 29 May 2012, the Department of Broadband, Communications and the Digital Economy released its Interim Report as part of its review of the Interactive Gambling Act 2001 (Cth).
National Business Names Register Launches Today - 28 May 2012
28/5/2012
Further to Addisons focus paper of 2 March 2012 entitled Whose Business (Name) is it Anyway? – Implications of the National Business Name Registration System, the National Business Names Register has today been launched. This will simplify the registration of business names in Australia.
Australian Law Reform Commission Report - Classification – Content Regulation and Convergent Media - What Should be Australia’s Policy? To Filter or Not to Filter
18/5/2012
On 1 March 2012, the Australian Law Reform Commission released its final report on ‘Classification – Content Regulation and Convergent Media’. The ALRC proposed that the Australian Government pass a new Classification of Media Content Act to reflect the recommendations in the ALRC Classification report.
Gambling Law & Regulation - April 2012
5/4/2012
This is an expanded edition of Addisons’ Gambling Law & Regulation Newsletter. It contains articles on current gambling issues, ranging from summaries of the current position relating to the regulation in Australia of pre-commitment in connection with gaming machines to the aftermath of last week’s High Court decisions relating to the constitutional validity of the race fields regime.
Round 3: High Court Dismisses Challenges to NSW Race Fields Legislation by Betfair and Sportsbet
30/3/2012
Today’s eagerly awaited decisions by the High Court in Sportsbet v New South Wales and Betfair v Racing New South Wales clarifies the constitutionality of the New South Wales race fields regime.
Whose Business (Name) is it Anyway? – Implications of the National Business Name Registration System
2/3/2012
On 3 July 2008 the Council of Australian Governments approved the establishment of a national business name registration system. This system, which has been announced by the Australian Securities and Investments Commission as coming into effect on 28 May 2012, will replace the current ‘state by state’ business name registration system.
Direct Selling Legal Update
2/3/2012
Over the last few months, there have been a number of developments in the Australian legal landscape which impact upon those involved in the direct selling industry. We have reported on these developments in our Update.
Gambling Law & Regulation - December 2011
23/12/2011
In this newsletter, we address the implications of the report of the recent inquiry into online and interactive gambling conducted by the Parliamentary Joint Select Committee on Gambling Reform on both the Australian wagering sector and the regulation of online gaming in Australia.
Group Buying Deals So Hot They Can Burn: Is There Value in Advertising Your Business on a Group Buying Site?
23/12/2011
In a market in which there is a new entrant almost every week, group buying sites must address the expectations of their consumers, as well as their advertisers, that is, the businesses choosing to offer discount deals via a group buying site. Among the issues faced by advertisers are choosing a group buying site, negotiating terms and conditions with the site operator, meeting consumer demand, and attracting one-off customers at the risk of alienating existing customers. At the same time, there are a growing number of media reports doubting the robustness of the group buying industry.
Australian Consumer Law - Section 86 - Prohibition on Supply and Accepting Payment during the Cooling-Off Period - Direct Selling Industry - Be Ready and Be Compliant
5/12/2011
2011 has seen the introduction of the Australian Consumer Law, which contains numerous restrictions relating specifically to unsolicited consumer agreements. These restrictions have affected the way direct selling organisations conduct their businesses.
The most onerous of the restrictions is contained in section 86 of the ACL which prohibits the supply of goods and services and the acceptance of payment for goods and services during the cooling-off period.
Competition & Consumer Quarterly
17/10/2011
In this edition:
* Food Industry Beware - ACCC drawn to misleading and deceptive conduct like a bee to honey
* Federal Court decision on search engine marketing: sponsored links may be misleading but advertisers have only themselves to blame
* Slimming spray sales representations stopped overseas
Knock, knock. Who's there? - ACCC imposes infringement notices and accepts undertaking from a door-to-door sales company in respect of misleading representations made during in-home presentations
* ACCC issues surprising statistics about the first six months of the new mandatory reporting requirements under the product safety provisions of the Australian Consumer Law
Knock, knock. Who’s there? - ACCC imposes infringement notices and accepts undertaking from a door-to-door sales company in respect of misleading representations made during in-home presentations
17/10/2011
In early September 2011, the ACCC accepted a court enforceable undertaking from a door-to-door sales company and one of its former salespeople in respect of misleading and deceptive conduct and the making of false representations. This followed a number of complaints from elderly consumers.
Gambling Law and Regulation - September 2011
30/9/2011
In this edition:
* High Court Appeals in Sportsbet and Betfair
* Taxation Commissioner Ordered to Pay Multimillion Dollar Refunds to Australian Wagering Operator: Could You Benefit from the Federal Court Ruling Too?
* Federal Court Rules in Favour of Betbox: The End of Retail Exclusivity?
* DBCDE Reviews the IGA: Will the Federal Government Change the Law on Online Gaming?
* NSW Law Reform Commission Proposes New Laws on Cheating in Sport
* Copyright in Databases: Australia's High Court Refuses to Grant Telstra Special Leave. What does this Mean for Wagering Operators?
Competition Quarterly - August 2011
19/8/2011
In this edition:
* A new era in Australian competition regulation: Rod Sims now at the helm of the ACCC.
* Are your advertising disclaimers really effective? Optus learns a $5.26 million lesson on the topic.
* A Pyrrhic victory or the ACCC testing the boundaries? A$2.7 million penalty but on paper only.
* The creeping tale of creeping acquisitions ...
Australia - Privacy Reform - Cookies – Behavioural Advertising – Do-Not-Track - How might these reforms affect your Company’s website?
15/7/2011
Earlier this year, the Senate Standing Committee on Environment, Communications and the Arts released its report “The adequacy of protections for the privacy of Australians online”. In the Report, the Senate Committee makes a number of recommendations.
Australia - Product Stewardship Bill - National Framework to Manage the Environmental, Health and Safety Impact of Products - Increased Compliance Requirements and Costs for Manufacturers, Importers and Distributors? - Recyclng of TVs and Computers
25/5/2011
On 23 March 2011, the Federal Government introduced the Product Stewardship Bill (the Bill) which will establish a national framework to manage the environmental, health and safety impacts of products (such as televisions and computers).
The Bill provides the framework by which obligations over time will be imposed on manufacturers, importers, distributors and others relating to the avoidance, reduction and management of waste derived from products, with a particular emphasis on the disposal of products.
Australia - Online Gambling Review - Inquiry by Joint Select Committee on Gambling Reform into Interactive Gambling - Further Review of Internet Gaming and Wagering
17/5/2011
On 17 May 2011, the Joint Select Committee on Gambling Reform (JSCOGR) announced its Inquiry into Interactive Gambling. Among the matters to be considered by the Inquiry are the current regulatory framework relating to interactive gambling (which will involve a review of both gaming and wagering over the Internet), as well as issues relating to match-fixing and gambling advertising. In our conversation with an officer of the Committee today, submissions from all parties involved in, or interested in, online gambling activity are invited.
Australia - Online Gambling Regulation in 2011 - Extracts Published in February 2011 Edition of
24/3/2011
While some may have thought the release of the Australian Productivity Commission’s long-awaited report into gambling in June last year would have meant the end of government inquiries into the gambling sector for some time, it appears it is only the first of many.
Australia – Direct Selling Companies & Consumer Goods Suppliers – Liability for Content posted by Customers on Social Media - Company found liable for posts made by customers on the Company's Facebook & Twitter pages
10/3/2011
A very significant decision of the Federal Court of Australia in February 2011 has implications for all businesses (including direct selling organisations and other consumer goods suppliers) using social media. Statements posted on a company’s Facebook “fan” and Twitter pages by third parties were held to be publications by the company. As a result, the company was found to be in contempt because the publications had breached undertakings previously provided to the Federal Court to not engage in conduct which would amount to misleading and deceptive conduct in breach of the Trade Practices Act (now known as the Australian Consumer Law).
Australia: Therapeutic Goods Administration (TGA) - Review to improve the transparency of the TGAb - Deadline for submissions: 11 February 2011 - Update - Dates and Locations of Public Consultations Released
10/2/2011
As foreshadowed in our FocusPaper of 20 January 2011 (see Australia: Therapeutic Goods Administration (TGA) - Review to improve the transparency of the TGA), which concerned the TGA transparency review, the dates and locations of a series of public consultations relating to this review have now been announced.
Australia: Therapeutic Goods Administration (TGA) - Review to improve the transparency of the TGA - Deadline for submissions: 11 February 2011
20/1/2011
Late last year, the Parliamentary Secretary for Health and Ageing, the Hon Catherine King MP, announced a thorough review of the way in which the regulatory processes and decisions of the TGA are communicated. The aim of the review is to improve the transparency of the TGA which, it is thought, will in turn improve the public's confidence in the TGA.
Direct Selling/Multi-Level Marketing Australian Consumer Law - Application to Consumer Arrangements
16/12/2010
Amendment Regulations 2010 (No. 1). This forms part of the legal regime applying to the direct selling industry that will be implemented under the Australian Consumer Law. This comes into effect on various dates on and after 1 January 2011.
NSW Race Fields Legislation - Constitutional Challenge by Betfair and Sportsbet - Round 2 - Does this Mean Clarity for Wagering Operators in Australia? Will There be a Round 3?
17/11/2010
Today's decisions by the Full Court in Betfair Pty Ltd v Racing New South Wales and Racing New South Wales v Sportsbet Pty Ltd are a significant event in the discussion relating to the validity of Australian race fields legislation. In its decision, the Court has acknowledged the validity of the New South Wales race fields regime by refusing to declare as invalid and contrary to the Constitution either the race fields regime or the approvals granted to wagering operators.
Sportsbet v VCGR: The End of Retail Exclusivity in the Grant of Australian Gambling Licences?
10/11/2010
Sportsbet has challenged the ability of State Governments to prevent the deployment of retail betting terminals that connect to the website of a licensed interstate betting operator.
Any decision could have wide ranging ramifications on any exclusivity or preferred rights conferred under licences (and the value of those licences) in Australia to conduct betting from retail premises located in a particular State/Territory.
Wagering Operators and the Effect of the Australian Consumer Law: A Fair Bet?
20/10/2010
The new Australian Consumer Law (the ACL) has the potential to affect wagering operators, particularly in respect of: unfair terms in contracts; failure to supply: rebates, prizes or gifts; and reasonable quantities of services at advertised prices; unsolicited selling.
Are England and Australia Heading in Different Directions Regarding Copyright in Sporting Fixtures - Implications for Wagering Operators?
30/7/2010
On 23 April 2010, the English High Court at first instance handed down its decision in Football Dataco Limited & Ors v Stan James Plc & Ors [2010] EWHC 841 (Ch).
Gambling - Australian Productivity Commission Final Report on Gambling (June 2010) - What does this mean for the gaming machine sector?
28/6/2010
On Wednesday (23 June 2010), the Productivity Commission (Commission) released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on the Commission's Draft Report published in October 2009.
Wagering - Australian Productivity Commission Final Report on Gambling (June 2010) - What does this mean for the wagering sector?
23/6/2010
Earlier today (23 June), the Australian Productivity Commission ("Commission") released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on from the Commission's Draft Report published in October 2009.
Online Gaming - Australian Productivity Commission Final Report on Gambling (June 2010) - What does it mean for the online gaming sector?
23/6/2010
Earlier today (23 June 2010), the Australian Productivity Commission released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on from the Draft Report the Commission published in October 2009.
Race fields fees based on 1.5% of turnover: All bets are off? - NSW Race Fields Legislation – Constitutional Challenge by Betfair and Sportsbet
16/6/2010
Today's Federal Court decisions in the fiercely contested matters of Betfair v Racing New South Wales & Anor and Sportsbet v State of New South Wales & Ors are milestones in the ongoing dispute between wagering operators and Australian racing control bodies concerning the manner in which race fields fees can be imposed validly.
Direct Selling/Multi-Level Marketing - How will Phase 2 of the Proposed Australian Consumer Law Reforms Affect Your Business?
17/5/2010
Australian direct selling organisations (DSOs) are likely to be impacted significantly if the changes proposed by the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 (ACL) become law.
Of particular concern are the provisions targeting door-to-door selling, telephone sales and other forms of direct selling which do not take place in a retail context.
Sound-alikes: How close to the sun can you fly following the Kookaburra Case?
30/4/2010
Can you use two bars of music without permission? While the question may seem straight-forward, the answer following the Federal Court’s decision of Larrikin Music Publishing Pty Ltd v EMI Songs Publishing Pty Ltd [2010] FCA 29 (“Kookaburra Case”) is not. Consider, for instance, the famous opening song of Star Wars. The first two bars are easily one of the most recognisable melodies. It invokes various emotions of heroism, adventure and exciting galactic voyages. Indeed, the use of it would most likely constitute an infringement of copyright law. However, if you slightly tweak this piece of music, does it still infringe copyright? If not, how far do you need to tweak it until you are safe?
Phase 1 of the Australian Consumer Law reform process begins!
19/4/2010
Consumer protection provisions have been significantly expanded with the Senate passing the Trade Practices Amendment (Australian Consumer Law) Bill (Cth) (2009) (ACL Phase 1) on 17 March 2010. ACL Phase 1 amends the Trade Practices Act 1974 (Cth) (TPA) and the ASIC Act 2001 (Cth) by introducing new investigative and enforcement powers, new civil penalties and a national unfair terms regime. The civil penalties and enforcement powers take effect from 15 April 2010 and represent the first instalment of the ACL reform process. The unfair contract provisions will apply from 1 July 2010 with the remainder of the ACL reforms expected to be in place by 1 January 2011.
Australia - Copyright in Databases and Compilations - The Telstra Telephone Directories Case
23/3/2010
The February 2010 decision of the Federal Court in Telstra Corporation Limited & Anor v Phone Directories Company Pty Ltd & Ors [2010] FCA 44 (Telstra Directories Case) raises significant obstacles to any party seeking to establish copyright in databases compiled from factual information.
Australia: Copyright in Race Fields and Sporting Fixture Lists - What does the Telstra Telephone Directories case mean for the Racing Sector? - When will copyright subsist?
26/2/2010
For some time now, elements of the racing industry have considered copyright as a legitimate means to obtain a financial contribution from bookmakers who utilise race information without the racing industry's permission. This continues to be the case despite the High Court's 2009 unanimous decision in the IceTV Case where the High Court ruled that IceTV did not infringe copyright in Nine's television program schedule. The High Court found that there was no substantial reproduction of Nine's program titles and times in IceTV's electronic program television guide.
Direct Selling – When is a Distributor deemed an Employee – Victoria – Homecare Direct Shopping Pty Ltd v Gray [2008] VSCA 111
3/2/2010
In a manner similar to the New South Wales decision in Bessemer1., a 2008 decision of the Victorian Court of Appeal relating to a workers compensation claim made by a distributor of a direct selling company raises important issues that direct selling companies need to consider when drafting distribution agreements. This decision suggests that certain distributors will be deemed as employees for the purposes of Victorian workers compensation law.
Administrative Law - Are you unhappy with a government decision or action that affects your business? - Administrative law may be of assistance!
1/2/2010
Every day public bodies exercise their power to make decisions which impact adversely your business. Has your business been affected by a decision or action taken by a government department, authority or statutory body which you consider to be adverse or unfair?
Revised Children's Television Standards for Commercial Television
29/1/2010
With the commencement of the Children's Television Standards 2009 on 1 January 2010, the standards relating to advertising and product promotion to children have been clarified and strengthened following widespread community concern over the effect of food and beverage advertising on children.
Direct Selling - When Is A Distributor A Worker - NSW - QBE Workers Compensation v Bessemer Pty Ltd
21/12/2009
Is a person injured at a direct selling company’s premises deemed a ‘worker’ for workers compensation purposes? The 2005 NSW Court of Appeal decision in Bessemer has significant implications for direct selling companies and workers compensation insurers as it may deem distributors/consultants as ‘workers’ for workers compensation purposes.
Internet Regulation - End of Cross-Border Restrictions on Gambling Activities?
27/3/2008
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.
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