Forged payment directions cut lenders (and their solicitors) as deep as a forced mortgage

The Court of Appeal has unanimously rejected a lender’s attempts to enforce its mortgage in circumstances where a faxed payment direction sent to the lender’s…

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Isolated nucleic acids now patentable in Australia

The Full Federal Court has unanimously confirmed that isolated nucleic acids, either DNA or RNA, are patentable in Australia. By ADAM DENLEY, TOM GUMLEY, CHELSEA…

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The 10 commandments of costs assessment and review

The Court of Appeal’s recent decision in Wende v Howarth has redefined the principles applicable to the assessment of party/party costs. By CHRISTOPHER BEVAN.

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Coal seam gas and land access arrangements: the latest developments

Recently, almost unprecedented changes or proposals for change have been made to the laws governing coal mining and coal seam gas activities in NSW. Land…

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Social security preclusion periods and lump sum compensation payouts: the need for reform

The case of Lind and SDSS (2014) AATA 680 demonstrates the difficulty an applicant faces when trying to establish the existence of ‘special circumstances’ to obtain relief…

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High Court rejects implied term of mutual trust and confidence in employment contracts

Employment contracts do not contain a term of mutual trust and confidence implied by law. By ROSS FOREMAN.

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The latest from the Federal Court: November 2014

Reporting and analysis of the latest key judgments from the Federal Court of Australia. By THOMAS HURLEY.

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Intellectual property: the importance of minimising risk in online agreements

By 2018 it is expected by most experts that online use will be embedded in virtually every commercial transaction. Practitioners need to master this new…

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The High Court decides: when does a builder owe a subsequent owner a duty of care?

The High Court’s recent decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 has curtailed the rights of apartment owners…

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National security reforms stage one: intelligence gathering and secrecy (part one)

The National Security Legislation Amendment Act (No 1) 2014 (Cth) allows ASIO officers operating under a single ‘computer access warrant’ to access data held on multiple computers…

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