Archives for: ‘Patrick Gunning’

E-tail & the details: consumer guarantees & overseas e-tailers

There wouldn’t be many people left who haven’t purchased something from overseas.  E-commerce is booming here and overseas.  But while it’s great for consumers and opens up new markets for businesses, it isn’t without its legal issues.  For example, do the rules preventing companies from misleading and deceiving consumers in Australia apply to statements made by overseas companies over the …

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Serious Invasions of Privacy – a new Cause of Action in Australia?

The Australian Law Reform Commission (ALRC) released its final report on “Serious Invasions of Privacy in the Digital Era” (Report) yesterday, setting out the detailed legal design of a statutory civil cause of action for serious invasions of privacy.  In a report commissioned by the Gillard government in 2013, the ALRC recommends that the cause of action be enacted in …

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High Court to decide whether regulator can determine if a broadcasting service has been used in the commission of an offence

The legal consequences of the prank call made in December 2012 in which Australian radio announcers called a hospital in London pretending to be Queen Elizabeth II and Prince Charles asking after the health of the Duchess of Cambridge are still to be determined. On 15 August 2014 the High Court of Australia decided that it would grant special leave …

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Australian Flash Boy in contempt of court

As anyone who has read Michael Lewis’ latest book, Flash Boys, will know there is a lot of money to be made and lost through high frequency trading (HFT). Whilst the Australian securities market is structured and regulated quite differently from the US market described by Lewis, there is no doubt that Australia has had its share of ‘colourful’ Flash …

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Privacy Commissioner awards damages

In a rare example of the Commissioner making a determination under the Privacy Act, Aerocare Pty Limited has been found liable to compensate an airline passenger for the manner in which they collected and disclosed sensitive health information about the passenger in an airport departure lounge. The facts and determination Aerocare was acting as a contractor to the airline known …

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Federal Court analyses part of the National Privacy Principles

On 27 March 2014 the Federal Court of Australia decided a case in which it was necessary to form a view of the meaning of one of the National Privacy Principles. Since the National Privacy Principles came into force in December 2001 there have only been two cases in the Federal Court of Australia to consider the substance of the …

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The ALRC releases Discussion Paper on “Serious Invasions of Privacy in the Digital Era”

As we foreshadowed last month, the Australian Law Reform Commission has recently released Discussion Paper 80, on “Serious Invasions of Privacy in the Digital Era”. The terms of reference for the discussion paper were to investigate the ways in which law can protect the privacy interests of the public, and in particular, come up with detailed mechanics for a new …

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A Textbook Copyright Dispute – SCOTUS Rules Against Publishers

The Supreme Court of the United States of America decided 6 to 3 this week that a person who owns copyright in a book subsisting under US law cannot restrict the importation and resale of legally produced foreign copies, in the landmark decision Kirtsaeng v John Wiley & Sons, Inc. 568 U.S. ___ (2013) on the US doctrine of “first …

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A Clause For Concern? Arbitration clauses and third-party IP claims

The Supreme Court of British Columbia recently considered a dispute over a software agreement where a licensor refused to indemnify a licensee for the licensee’s settlement of an intellectual property claim brought against the licensee by a third party. The licensor pointed to the licensee’s failure to give prompt notice of the third party claim and failure to take the …

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