Gratuitous care decisions reviewed by QCA
Wednesday, February 17th, 2010Please Login to view this Content.(Not a member? Join Today!)
Archive for February, 2010
No copyright in White or Yellow Pages databases
Tuesday, February 16th, 2010Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44 Justice Gordon in applying IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14; (2009) 254 ALR 386 has found that there is no copyright in the data contained in the White Pages or Yellow Pages directories. The rationale for this is [...]
Challenging the validity of the BCIPA adjudicator’s certificate for lack of good faith
Monday, February 15th, 2010David & Gai Spankie & Northern Investment Holdings Pty Limited v James Trowse Constructions Pty Limited & Ors [2010] QSC 29 I refer to my recent posting re: good faith. His Honour McMurdo contrasted the broad approach and strict approach to “lack of good faith” as discussed by Holmes JA and P Lyons in Queensland [...]
Deemed admissions and summary judgment
Friday, February 12th, 2010Please Login to view this Content.(Not a member? Join Today!)
Cost Orders
Friday, February 12th, 2010Please Login to view this Content.(Not a member? Join Today!)
Fund administration costs on sanction of a settlement
Thursday, February 11th, 2010Please Login to view this Content.(Not a member? Join Today!)
Section 43 PIPA – Leave does not stay the limitation period from expiring or permit an order to extend it
Thursday, February 11th, 2010Please Login to view this Content.(Not a member? Join Today!)
Insolvency reforms to please them all?
Thursday, February 11th, 2010JANUARY is traditionally a slow news month. Perhaps this is why a comparatively dull topic such as corporate law reform generated much in the way of press on and around 20 January 2010. Even more so when one considers that perhaps the relevant minister, Chris Bowen, may have been able to have achieved what many [...]
Australian Law Reform Commission reports on its review of Royal Commissions and public inquiries
Wednesday, February 10th, 2010Norton Rose Last week, the Government tabled the report of the Australian Law Reform Commission’s recent review of the Royal Commissions Act 1902 (Cth). The report, Making Inquiries: A New Statutory Framework, is the first major review of the Royal Commissions Act in its 107 year history. The report, which contains 82 recommendations, addresses a number of [...]
BCIPA – Adjudicator’s Certificates – Good faith & Brodyn Pty Ltd’s decision
Tuesday, February 9th, 2010Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 7 I refer to my earlier postings in respect of the mechanism of the Building Construction Industry Payments Act 2004 Qld (“ BCPIA”). Her Honour Holmes JA delivered the leading judgment, with His Honour Fraser [...]