Recent developments in dealing with your digital estate after incapacity or death

‘Digital Estate’: We live in a digital age. We access, store, transfer and receive information and valuable documents electronically. During our life our attorneys, and after our death the Executors of our will, need to consider and access our ‘digital assets’ in the course of administering our affairs or a deceased estate respectively. In this … Read more

Jumping the gun – ACCC sues for implementing a merger too soon

The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against Cryosite Limited (Cryosite) for alleged cartel conduct in relation to an asset sale agreement with competitor Cell Care Australia Pty Ltd (Cell Care).1 Prior to entering the agreement, Cryosite and Cell Care were the only private suppliers of storage services for umbilical cord blood … Read more

ACCC successfully enforces the B2B Unfair Contract Terms law against office services provider, Servcorp

In April of this year, the authors of this article published an article discussing how automatic renewal clauses are increasingly vulnerable under the Australian Consumer Law and the recent actions the ACCC had taken against businesses which had automatic renewal clauses in their standard form contracts. To recap, an automatic renewal clause provides for a … Read more

The scope of an employer’s duty of care: the privacy tightrope

The District Court of NSW has denied a claim by a former Police Officer seeking work injury damages for psychological injury arising from her exposure to traumatic incidents over the course of her service with the NSW Police Force (NSWPF). In determining that NSWPF had not breached its duty of care to the plaintiff, the … Read more

Limitations of liability clauses trumped by the Australian Consumer Law

The recent Victorian case of Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 (Brighton Decision) has cast further doubt on the definitive answer to an important legal question: Do limitations of liability clauses apply to claims made under section 18 of the Australian Consumer Law (ACL)? In other words, can a … Read more

Hello ipso facto…Are you prepared for the new ipso facto regime?

The ipso facto regime came into effect on 1 July 2018. However many franchisors are yet to consider how it may impact on their systems and what steps they should be taking to mitigate potential risks. What is the ipso facto regime? The “ipso facto regime” is the name used to describe a number of … Read more

IP legislation amendments one step closer

Following on from our April alert regarding the introduction of the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 (Cth) (Bill), the Bill passed the House of Representatives on 27 June 2018. It is presently before the Senate, with a second reading moved. The Bill proposes changes to the following intellectual … Read more

ASX restricts publication of broker and analyst research reports

ASX has recently updated its Guidance Note 8 Continuous Disclosure: Listing Rules 3.1 – 3.1B in relation to the publication of broker and analyst research reports. ASX reports that it has recently experienced a number of issues with listed entities commissioning and publicising broker and analyst research reports which include objectionable material that the entity … Read more

ASIC consults on credit card responsible lending assessments

ASIC has today issued Consultation Paper: Responsible Lending Assessments (CP 303) which proposes for a 3 year period to be used for assessing whether a credit card contract or credit limit increase is unsuitable for responsible lending purposes. Under the recent reforms to the responsible lending obligations for credit card contracts (Treasury Laws Amendment (Banking … Read more

Cheese, butter and potatoes are on the menu as the ACCC focuses on unfair contract terms in the agriculture industry

The transition to the new financial year has been accompanied by a flurry of activity by the ACCC regarding unfair contract terms in the agriculture industry. On 26 June 2018, the ACCC announced that it had instituted proceedings against the largest potato wholesaler in Australia, Mitolo Group Pty Ltd and a related entity (Mitolo) claiming, … Read more