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Credit Union and Mutual Law
I have started a new blog on credit union and mutual law at http://www.djacobson.com/credit_union_and_mutual_l/ If you're interested, please have a look. You can subscribe to free updates of the blog as they occur by either adding the feed to your...
Australian Regulartory Compliance Review - Published 38 minutes ago
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Clients pay for lawyer's mistakes
In Edwards v Liquid Engineering 2003 Pty Ltd [2008] FCA 970 (26 June 2008) , Justice Gordon's preamble points out the excessive costs and consumption of Court resources that have been incurred in the case as a consequence of incorrect identification of legal issues. She emphasises that “ parties should not be encouraged to bring inapposite claims on the grounds that they are cheaper ” because this can backfire. Here, the respondent sought a cheaper avenue for relief by bringing a non-use application before the Trade Marks Office as opposed to bringing a revocation action in the Federal Court. Justice Gordon ordered costs against the respondent for that part of the proceeding that had been misclassified. Along similar lines, in the recently decided case of E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2008] FCA 934 (20 June 2008) , discussed on the Australian Trade Marks Law Blog last week, Lion Nathan pleaded that their client had used ‘Barefoot Radler’ as its sign but wanted to argue at trial that the sign was ‘Barefoot Radler’ plus the device of a bare foot. The Court confined them to their defence as pleaded. These cases highlight, in different ways, ...
Australian Trade Marks Law Blog - Published 1 day, 9 hours ago
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From the newspapers
Friday is definitely law news day. The Australian and the Australian Financial Review both have several pages of law news of a Friday. I might try to bring to the attention of you readers articles of interest from both on a relatively regular basis. First though, some things from not-Friday. ABC Radio National's The [...]
Australian Professional Liability Blog - Published 1 day, 15 hours ago
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E-Security Review Welcomed
Every day the Internet transforms lives. Social networking is revolutionising how we connect and learn from each other; blogging is invigorating traditional journalism and e-commerce is giving small entrepreneurs access to global markets. Even more dynamic changes will be seen in the years ahead - advances in medicine that create real-time monitoring and diagnostics, virtual worlds of work that save on transport and energy and new service relationships between citizens and their Governments. Unfortunately, the same Internet that creates possibilities in our lives also creates new opportunities for criminals. Two recent events suggested to me that it was time to say something about identity theft and on-line fraud. The first occurred just over a week ago when a senior federal politician approached me to let me know that “half a billion spam messages were being sent on the internet and it was Microsoft’s fault” While taken aback a little at this challenge I recognised the concern the MP was expressing and was grateful that filtering technology had at least not allowed those messages to get to their targets. Then this week the Federal Government announced a whole-of-government review of e-security. This is a timely announcement and while I have been ...
Microsoft Australia Government Affairs - Published 2 days, 12 hours ago
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Consumers want information, not "media"
For years now, we've been hearing how technology is a generational thing. Apparently, these unpredictable Gen y'ers had a keyboard and mouse grow in place where the umbilical cord was cut - and everything needs to be different for them. And whilst growing up with technology is a major factor on the adoption of things, is the traditional publishing industry in denial? Arguments for print seem to centre on it being a better experience, but take a look on the other side - we are time poor with the complexities of modern life, and whilst print is a more enjoyable experience, online makes it an easier experience. To get a reality check I asked my father, a 72 year-old battler who continues to practice in his law firm, on how he consumes the news. I first realised a change in his approach to buying the daily newspaper, when court listings for the day became available online (or at least, when he realised). Apparently, it was easier, more likely to be accurate, and more accessible. Fast forward a few years later, to the last week of June 2008 about his current news consumption - and his relationship with print has changed ...
Future of Media Summit - Published 2 days, 16 hours ago
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Constitution no barrier to Murray rescue: law expert
A legal expert says the constitution is no barrier to co-ordinating the national fight to save the Murray.
ABC News federal politics - Published 2 days, 18 hours ago
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Long-Awaited National E-Conveyancing System A Step Closer
The Law Council has welcomed yesterday’s Council of Australian Government (COAG) resolution on the development and implementation of a national electronic conveyancing system...
Law Council of Australia - Published 2 days, 20 hours ago
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Australian Law Firm Summer Clerkship Careers Site Links and resume advice
Clerkship Applications, Clerkship Interviews and Law Resumes For the law students out there who are completing the somwhat daunting legal summer clerkship or articles clerkship applications at the moment, I thought it may be helpful to provide a set of links to each of the predominant Australian Law Firm careers sites. It is not an easy job [...]
James Cox finance blog - Published 3 days, 5 hours ago
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Media release: Deacons’ growth drives promotions records
International law firm Deacons has continued to grow in 2008, making a record 41 new appointments this week, including 10 new partners, three special counsel and 28 senior associates.
Deacons media releases - Published 3 days, 5 hours ago
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Japan antitrust watchdog can only bark at BHP
Lawyers say outdated competition law will stop harsh action against mining merger. 4 Jul 2008 12:15 AM
Business Spectator resources & energy - Published 3 days, 6 hours ago
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"Commonsense" bargaining ruling; NSW public servants' day of action; and more
Bargaining ruling shows common sense, says Bornstein; No more Work Choices advertising as Government changes law; Day of action by NSW public servants; COAG agreement on national OHS system; Company fined $100,000 for treatment of s457 visa workers; ABCC focuses on Queensland; Super changes begin this week; Super major contributor to household wealth, HILDA finds; CFMEU fails in bid for costs.
Workplace Express - Published 3 days, 6 hours ago
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Consumer credit regulation to be transferred to Commonwealth
Senator the Hon Nick Sherry, Minister for Superannuation and Corporate Law, has announced that the Commonwealth Government reached agreement with the States and Territories at the Council of Australian Governments (COAG) meeting in Sydney on 3 July, to assume responsibility...
Australian Regulartory Compliance Review - Published 3 days, 12 hours ago
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Aussie tennis player Hanley ‘will not face date rape action’
Australian tennis star Paul Hanley will not face any action over a date rape allegation made against him, his lawyers said overnight. In a brief statement, London law firm Peters and Peters said poli
Sport - Published 3 days, 19 hours ago
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Press Release - COAG Agree to Transfer Responsibility for All Consumer Credit ...
Senator the Hon Nick Sherry, Minister for Superannuation and Corporate Law, has announced that the Commonwealth Government reached agreement with the States and Territories at today's Council of Australian Governments (COAG) meeting in Sydney, to assume responsibility for regulation of all consumer credit. Consumer credit includes personal loans, credit cards, pay day lending and micro loans. During the coming months, the Commonwealth Government, in consultation with the States and Territories, will develop a plan to present to COAG before the end of 2008 on how this major agreement will be implemented.
Federal Government - Published 3 days, 20 hours ago
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Millions go unclaimed by airline passengers
Airlines hide behind EU law
TravelMole - Published 4 days, 10 hours ago
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