Publications

Greenwashing Update: First greenwashing court decision is a win for ASIC

In the first Australian decision relating to Greenwashing claims, the Federal Court of Australia has declared that Vanguard Investments Australia (Vanguard) breached misleading and deceptive conduct laws through representations it made about the environmental credentials of its product Vanguard Ethically Conscious Global Aggregate Bond Index Fund (VEFI).[1] The decision comes after Vanguard admitted to the … Continue reading Greenwashing Update: First greenwashing court decision is a win for ASIC →Continue reading…

My Brilliant Friend: Generative Artificial Intelligence and its Evolving Impacts on Copyright Law

The Federal Government has recently released its Interim Response as part of the Safe and Responsible AI in Australia Consultation. The response indicates that, like those of the EU and US, the Australian Government has its focus on ‘high-risk’ applications such as law enforcement, biometric identification and emotion recognition.[1] However, it is also concerned about … Continue reading My Brilliant Friend: Generative Artificial Intelligence and its Evolving Impacts on Copyright Law →Continue reading…

High Court gives green light to misleading and deceptive conduct: Mitsubishi Motors Australia Ltd & Anor v Begovic [2023] HCA 43

 This week the High Court effectively ruled that a vehicle can be sold with a misleading label on fuel efficiency provided the label complies with the mandatory labelling regime.   On 13 December 2023, the High Court handed down its decision in Mitsubishi Motors Australia Ltd (Mitsubishi) & Anor v Begovic.[1] The High Court unanimously … Continue reading High Court gives green light to misleading and deceptive conduct: Mitsubishi Motors Australia Ltd & Anor v Begovic [2023] HCA 43 →Continue reading…

I can see clearly now: The High Court clarifies rules on unfair preferences

With interest rates climbing above 4%, corporate debt having risen over a sustained period of low interest rates and the cost of living ever increasing, Australia’s economy is set to face increased rates of insolvency – as demonstrated by the recent collapses of home-building and construction companies. Accordingly, we look back at two landmark decisions … Continue reading I can see clearly now: The High Court clarifies rules on unfair preferences →Continue reading…

Greenwashing – The Smoke and Mirrors of Environmental Claims

Environmental sustainability has emerged as a major concern, particularly within a corporate context. Growing awareness of the impact of human activities on the natural environment has led to consumers seeking to support environmentally ethical practices. In turn, some Australian and International businesses have increasingly used environmental and sustainable claims to market their goods and services. … Continue reading Greenwashing – The Smoke and Mirrors of Environmental Claims →Continue reading…

Nimble Summary of Good Faith and Proper Purpose Test for Shareholder Access to Company Books and Records

Under section 247A of the Corporations Act 2001 (Cth) the Court has a discretion to authorise a shareholder to inspect the company’s books and records if the Court is satisfied that the shareholder ‘is acting in good faith and that the inspection is to be made for a proper purpose’. If this threshold test is … Continue reading Nimble Summary of Good Faith and Proper Purpose Test for Shareholder Access to Company Books and Records →Continue reading…

Primacy of the Contract for Gig Economy Workers

Nicola Nygh and Katariina Hatakka consider the implications for gig economy workers of High Court decisions affirming the primacy of written contracts in employment disputes and look at the recent decision of the Full Bench of the Fair Work Commission concerning a delivery rider for Deliveroo.Continue reading…

Cybersecurity risk management obligations for Australian Financial Services Licensees: Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496

For the first time the Federal Court has held that an Australian Financial Services Licensee has breached its obligations under the Corporations Act by failing to adequately manage cybersecurity risk.  We discuss the implications of this decision...Continue reading…

Bagging copyright protection as a ‘work of artistic craftsmanship’ after State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63

We discuss a recent Full Federal Court decision that highlights the difficulty in establishing that a functional design has copyright protection as a ‘work of artistic craftsmanship’...Continue reading…

Mandatory Covid-19 Vaccinations in the Workplace

As the Delta variant of COVID-19 spreads in Australia, and New South Wales prepares to exit lockdown and learn to ‘live with the virus’, it is timely to consider when employers can require employees to be vaccinated against COVID-19. Nicola Nygh and Ekaterina Zotova provide some guidance by way of questions and answers about when … Continue reading Mandatory Covid-19 Vaccinations in the Workplace →Continue reading…