Tag Archives: Gadens Lawyers

ILN Today Post
July 18, 2011

Intellectual Property Update

By ILN

Online Trade Mark Infringement: When can the use of a trade mark on a global website infringe a trade mark owner’s rights in a particular country? By Alexia Marinos of Gadens Lawyers, Sydney
The use of a trade mark on a global website (such as a .com domain) can amount to use of a trade mark in Australia if it can be shown that such use on the website is directed or targeted at Australia. If the website proprietor has not been authorised to use the trade mark on the global website, this can amount to an infringement of the trade mark in Australia. read more…

Posted in Asia Pacific
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ILN Today Post
July 15, 2011

Competition and Consumer Law Update

By ILN

Misleading Carbon Price Claims

By Merridy Woodroffe of Gadens Lawyers, Sydney

The Federal Government’s decision to implement a carbon pricing regime comes with a warning attached: businesses seeking to “gouge” customers when passing on the cost by making misleading claims will be investigated and prosecuted by the Australian Competition and Consumer Commission (ACCC).  read more…

 

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ILN Today Post
July 13, 2011

Corporate Update

By Lindsay Griffiths

Shareholder’s tighten grip on the purse strings – new rules on executive remuneration commence

By Matthew Pieterse and Charles Cowper of Gadens Lawyers, Sydney

In the wake of the Global Financial Crisis, there have been renewed calls for tightening of corporate governance policies (and purse strings).  In response, the Government recently passed theCorporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011, which took effect 1 July 2011.  read more…

 

Posted in Asia Pacific | Legal Updates
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ILN Today Post
July 12, 2011

Tax Update

By ILN

Personal Liability for Company Tax Debts
Draft Legislation – Director Penalty Notices – What you don’t know can hurt you!
By Damian O’Connor, Partner, Gadens Lawyers Brisbane
The Treasury has released draft legislation dealing with changes to the director penalty notice rules announced in the 2011/2012 Federal Budget. read more….

Posted in Asia Pacific | Legal Updates
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ILN Today Post
July 12, 2011

Not For Profits Update

By ILN

ATO reconsiders tax exemptions for charities and not-for-profits: draft amendment to taxation ruling 2005/22 and a new version of the GiftPack is released

By Jon Cheung and Kimberley Vancuylenberg of Gadens Lawyers, Sydney

The ATO recently released a draft amendment to its public ruling 2005/22 which considers when companies will be income tax exempt under Division 50 of the Income Tax Assessment Act 1997. read more…

 

Posted in Legal Updates
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ILN Today Post
July 8, 2011

Not for Profits Update

By ILN

What will the Australian Charities and Not-For-Profits Commission look like? Final report on NFP Regulator released

By Jon Cheung and Kimberley Vancuylenberg of Gadens Lawyers, Sydney

In the Federal Budget delivered on 10 May 2011, several announcements were made that will affect the charity and not-for-profit sector. read more…

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ILN Today Post
July 5, 2011

Corporate Risk and Insurance Update

By ILN

Sparking a divide in defining ‘damage’ in business interruption claims?

Mainstream Aquaculture Pty Ltd v Calliden Insurance Ltd [2011] VSC 286

By Jessica Kinny and Ray Giblett of Gadens Lawyers, Sydney

The concept of ‘damage’ is fundamental to business interruption insurance because without it there is often no cover.  A broad approach to what constitutes ‘damage’ can therefore have a significant impact on the scope of such policies. read more…

 

Posted in Asia Pacific | Legal Updates
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ILN Today Post
July 5, 2011

Life Sciences Update

By ILN

Intellectual Property Laws Amendment (Raising the Bar) Bill 

By Alexia Marinos of Gadens Lawyers, Sydney

On 22 June 2011, a Notice of Motion was given by the Minister for Innovation, Industry, Science and Research , Senator Carr to introduce the Intellectual Property Laws Amendment (Raising the Bar) Bill (Bill) into the Senate.  read more…

 

Posted in Asia Pacific | Legal Updates
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ILN Today Post
July 1, 2011

Corporate Update

By ILN

Supplies of goods and services – replacement of laws on implied conditions and warranties

By Iris Dielmann of Gadens Lawyers, Sydney

Do you use standard terms and conditions of supply or purchase orders in your business?  If you are a supplier who supplies:

  • goods or service to a person (including a corporation) if the amount paid or payable for the goods or services is $40,000 or less (irrespective of the nature of goods or services)
  • goods or services to a person (including a corporation) if the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption (irrespective of price)
  • a vehicle to a person (including a corporation) for use in the transport of goods on public roads (irrespective of price)

 

New laws on consumer guarantees may affect you.  read more…

 

Posted in Asia Pacific | Legal Updates
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ILN Today Post
June 29, 2011

Building and Construction Update

By ILN

Proportionate Liability – still causing insurance havoc

By Ray Giblett and Scott Laycock of Gadens Lawyers, Sydney

It is now several years since the commencement of proportionate liability in New South Wales[1] yet it continues to wreak havoc in the allocation and management of risk in a variety of contexts.  This is particularly so in the context of construction projects where parties routinely contract out of proportionate liability in an attempt to avoid a multiplicity of claims arising when something goes wrong.  read more…

Posted in Asia Pacific | Legal Updates
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