Immigration removals delayed pending assessment of data breach

The Immigration department’s well publicised 2014 data security breach continues to cause difficulties for the Department.  In late January and mid February the courts have issued interlocutory injunctions preventing the removal from Australia of certain asylum seekers pending the outcome of administrative law challenges to decisions to refuse refugee status, based on the Department’s consideration read more…

Preliminary discovery and arbitration

Ordinarily, an arbitral tribunal does not have power to order preliminary discovery of documents that would allow a prospective plaintiff to evaluate whether or not sufficient evidence exists to commence a claim. This was one of the findings of the Supreme Court of NSW in a recent case in which a company suspected that a number of its former senior managers and consultants had misused the company’s confidential information or infringed its IP rights. read more…

When is information about a residential property “personal information”?

Is information contained in a document about a residential property “personal information” about the owners or occupants of the property under NSW privacy legislation even if the document doesn’t directly identify the owners or occupants? This was the question that the Appeal Panel of the NSW Civil and Administrative Tribunal had to consider in Office read more…

Website blocking injunction issued for trade mark infringement

The importance of trade marks to luxury brands has always been a happy coincidence for this IP Whiteboard blogger, so when Justice Arnold handed down his latest decision in relation to counterfeit goods in the UK High Court, I (momentarily) ceased flicking through the latest issue of Vogue and switched over to Bailii (the UK’s read more…

Unanimous Full Court dismisses Research Affiliates’ appeal

In a decision handed down this afternoon, the Full Court has unanimously dismissed an appeal by Research Affiliates LLC from a decision of Justice Emmett in 2013 (summary here). The Full Court affirmed Justice Emmett’s decision that the claimed invention of two patent applications, in the name of Research Affiliates, is not a manner of read more…

Mandatory data retention bill introduced to Australian parliament

Today the Australian government introduced its much anticipated bill to amend telecommunications laws to require providers of certain communications services to retain so-called “metadata” about the communications they carry. The government clearly anticipates that the proposals will be controversial – the Explanatory Memorandum accompanying the bill includes a detailed “Statement of Compatibility with Human Rights” read more…