Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Mr Tyler is a Hawaii based photographer who sells and licenses his works as stock photographs. The respondent is a travel agent whose business is conducted over the Internet. She used one of Mr Tyler’s photographs without obtaining a licence from him, and rather than take down the image when confronted with her conduct sought to blame an unnamed web developer.
An application for leave to proceed against a company which is subject to a deed of company arrangement
The New South Wales Court of Appeal (Gleeson JA) has refused to grant leave to the Chief Commissioner of State Revenue to proceed against two companies that are each subject to a deed of company arrangement.
Failure to comply with an injunction not to infringe someone’s intellectual property right is not only an infringement of that intellectual property right but also a contempt of court. The sanctions for contempt of court are many including, potentially, fines and imprisonment – even in intellectual property cases. The Full Federal Court has confirmed that imprisonment was the appropriate sanction for Mr Vladimir Vaysman’s repeated breaches of injunctions not to infringe trade mark and copyright, but reduced the sentence from 3 years to 2 years.
New Bill brings sweeping changes to the domestic building protection regime and the regulation of building professionals in Victoria
After a 2 year review and consultation process, the Victorian government has introduced to parliament the most significant changes to the building industry since the Building Act in 1993 and the Domestic Building Contracts Act in 1995. Anyone practising in this area must be aware of these fundamental changes.
The fourth installment of the litigation involving an apartment complex in Chatswood. and the question whether a builder may owe a common law duty of care in a residential setting.
Can a principal look to a head contractor’s insurance policy to cover the principal’s own negligence?
This appeal concerned the scope of a contractor’s contractual obligation to obtain insurance for the benefit of both itself and its principal.
This case considers the requirements of procedural fairness in an arbitration.
In Hooper v Metricon Homes, a house was built on a poorly built slab and foundation, causing the house to exhibit serious movement. The Tribunal awarded damages for demolition and rebuilding of the house.
Modified universalism: Full Federal Court protects the rights of a local creditor in a cross-border insolvency
The Full Federal Court has confirmed a “modified universalism” approach to cross-border insolvencies, and provided guidance on what is required for the “adequate protection” of rights of local creditors under the Model Law on Cross-Border Insolvency (‘Model Law’), as enacted in Australia by the Cross-Border Insolvency Act 2008 (Cth).
The recent High Court decision in Sidhu v Van Dyke  HCA 19 (16 May 2014) has clarified some key issues in relation to the law of equitable estoppel, specifically in relation to reliance and remedy.
On 7 May 2014, the High Court unanimously held that Hills Industries Ltd (Hills) and Bosch Security Systems Pty Ltd (Bosch) established the defence of change of position. Hills and Bosch were not required to repay monies to Australian Financial Services and Leasing Pty Limited (“AFSL”), the party who had paid them monies as a result of a third party’s fraud. AFSL appealed from the decision of the NSW Supreme Court of Appeal. The appeal was unanimously dismissed.
Article by Dr Josh Wilson SC and Cam Truong – When business opened on 3 March 2014 in Hong Kong, a new era in company law began with the commencement of the new companies ordinance, (“C 622”). That ordinance was the upshot of several years of deliberation and hard work by a specialist panel of company lawyers and others dedicated to reforming Hong Kong’s company laws. This article addresses some of the more important changes and the reasons for them.
The High Court, by majority, upheld the validity of a statutory scheme for the forfeiture of property. The scheme provided that, on application by the DPP, the Supreme Court of the Northern Territory could declare a person who had been convicted of three or more drug related offences within a ten year period to be a “drug trafficker”, and consequent upon the declaration, all property owned, effectively controlled or given away by that person was forfeited to the Northern Territory.
The High Court held unanimously that a liquidator is entitled to an equitable lien over settlement monies for litigation expenses which the liquidator incurred for the purpose of impugning a secured creditor’s charge, applying and confirming the principle in Universal Distributing in the process.