Archive for November, 2009

Personal Property Securities – next phase

Monday, November 30th, 2009

I refer to my earlier posting in respect of this legislation and note the Personal Property Securities Act 2009 (Cth) and the Personal Property Securities (Consequential Amendments) Act 2009 (Cth) were passed by the Senate on 26 November 2009.  
 
Brisbane Barrister – David Cormack

CLA – “But for” test & its application

Monday, November 30th, 2009

Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48 (10 November 2009)
The facts involved injuries occasioned from a shooting at licensed premises. Adeels Palace appealed the decision and the issues were duty, breach and causation in the context of the New South Wales Civil Liability Act 2002 (s 5A-D) and [...]

ASIC to pay costs in One-Tel debacle

Friday, November 27th, 2009

 
ONE-TEL founder Jodee Rich and the company’s former finance director Mark Silbermann have been awarded costs in a landmark win over the corporate regulator.
 
Read more in theNewLawyer and reproduced with permission.

Trade Marks – Your Business Edge

Friday, November 27th, 2009

 
Further to my earlier posting about the practical utility of trade marks and names in protecting domain names, I refer you to this helpful e-booklet reproduced with permission from Edge Legal on trade marks.
 
Brisbane Barrister – David Cormack

S.C appointments

Friday, November 27th, 2009

Queensland Court media release:
The Honourable Paul de Jersey AC has advised that he has selected the following persons (listed alphabetically) for appointment as Senior Counsel in Queensland as and from 23 November 2009:
 
Michael Roderick Byrne
Alexander Adrian James Horneman-Wren
Glen Raymond Rice

Workers’ Compensation Act – historical versions

Tuesday, November 24th, 2009

The following links cover the Workers’ Compensation Acts 1916 to 1936 and may prove of assistance:-
Workers’ Compensation Act 1916 (6 Geo.V.No.35)
Workers’ Compensation Act Amendment Act 1916 (7 Geo.V.No.26)
Workers’ Compensation Acts Amendment Act 1918 (9 Geo.V.No.21)
Workers’ Compensation Acts Amendment Act 1921 (12 Geo.V.No.29)
Workers’ Compensation Acts Amendment Act 1923 (14 Geo.V.No.5)
Workers’ Compensation Acts Amendment Act 1925 (16 [...]

Security for costs – domain name arbitration

Monday, November 23rd, 2009

Global Access Ltd v Educationdynamics, LLC & Anor [2009] QSC 373
 
Global Access Ltd the plaintiff was incorporated and registered in the Isle of Man with no assets. It commenced proceedings following an adjudication by the National Arbitration Forum that the domian name “elearner.com” be transferred from the plaintiff to the first defendant. The second defendant [...]

R v McCoy [2009] QCA 357

Monday, November 23rd, 2009

ASIC media release 20/11/2009:
Mr McCoy was convicted in May 2009 (refer 09-89AD) on five counts of forging cheques following an ASIC investigation into the collapse of Blueprint Developments (Aust) Pty Ltd.
Mr McCoy is now required to serve the remaining period of his sentence and will be due for parole on 18 August 2010.
 
Brisbane Barrister – [...]

Lawyers to face IR onslaught

Friday, November 20th, 2009

 THE NSW Government will introduce legislation next week to refer its industrial relations powers to Canberra, a move that will see the nation’s lawyers facing an onslaught of work.
 
Read more in theNewLawyer and reproduced with their permission.
 
See also earlier posting in respect of Queensland’s referral of industrial relations powers.
 
Brisbane Barrister – David Cormack

Shareholders given the power to reject excessive termination payments

Thursday, November 19th, 2009

The Federal Government’s legislation on executive pay has passed through both houses of Parliament and is expected to take effect next week. These changes were announced by the Government in March 2009 in response to shareholder backlash against termination benefits paid to senior executives, particularly during the GFC when share prices were falling.
The intention of [...]

David Cormack, Barrister