http://www.legalherald.com/ Legal Herald en Fri, 22 Jan 2010 08:01:00 GMT Fri, 22 Jan 2010 08:01:00 GMT info@legalherald.com info@legalherald.com http://www.legalherald.com/images/00-legal-herald-banner.jpg http://www.legalherald.com/ http://www.legalherald.com/wipo-eu-internet-treaties/ Director General of the World Intellectual Property Organization Francis Gurry has welcomed the ratification by the European Union of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty... http://www.legalherald.com/wipo-eu-internet-treaties/#comments http://www.legalherald.com/wipo-eu-internet-treaties/ Fri, 22 Jan 2010 08:01:00 GMT http://www.legalherald.com/alcopops-dispute-fizzes-out-in-federal-court/ The Federal Government has been taking a variety of measures intended to reduce "binge drinking". One of those measures has been to increase rates of duty and excise on "ready... http://www.legalherald.com/alcopops-dispute-fizzes-out-in-federal-court/#comments http://www.legalherald.com/alcopops-dispute-fizzes-out-in-federal-court/ Wed, 22 Apr 2009 06:17:00 GMT http://www.legalherald.com/another-trip-and-fall-case-rejected/ The Queensland Court of Appeal has upheld the decision of the Supreme Court in another trip and fall case where the primary judge held that the unfortunate injury was not... http://www.legalherald.com/another-trip-and-fall-case-rejected/#comments http://www.legalherald.com/another-trip-and-fall-case-rejected/ Thu, 15 Jan 2009 12:50:00 GMT http://www.legalherald.com/ten-major-developments-in-commercial-litigation-in-2008/ Economic conditions, court decisions, and a new Federal Government all will generate changes during 2009. The following are the top ten developments according to Clayton Utz Solicitors. 1. Economic downturn... http://www.legalherald.com/ten-major-developments-in-commercial-litigation-in-2008/#comments http://www.legalherald.com/ten-major-developments-in-commercial-litigation-in-2008/ Sun, 11 Jan 2009 12:11:00 GMT http://www.legalherald.com/state-of-mind-and-waiver-of-privelege/ Do you impliedly waive privilege in your legal advice by putting in issue your state of mind? Generally speaking, two distinct approaches emerged, a broad view and a narrower view... http://www.legalherald.com/state-of-mind-and-waiver-of-privelege/#comments http://www.legalherald.com/state-of-mind-and-waiver-of-privelege/ Sat, 10 Jan 2009 11:49:00 GMT http://www.legalherald.com/breach-of-confidence-claims-and-awards-of-damages/ Previously, the Victorian Court of Appeal awarded damages for the distress caused by the unauthorised showing of a private sex tape. It is worth looking at the decision in Giller... http://www.legalherald.com/breach-of-confidence-claims-and-awards-of-damages/#comments http://www.legalherald.com/breach-of-confidence-claims-and-awards-of-damages/ Fri, 09 Jan 2009 11:31:00 GMT http://www.legalherald.com/second-thoughts-do-not-justify-reinstatement/ In Fitzsimmons and Comcare AATA 919, the Administrative Appeals Tribunal (Tribunal) rejected Mr Fitzsimmons's application to reinstate his claim on the basis that it was 'dismissed in error' under section... http://www.legalherald.com/second-thoughts-do-not-justify-reinstatement/#comments http://www.legalherald.com/second-thoughts-do-not-justify-reinstatement/ Wed, 07 Jan 2009 10:08:00 GMT http://www.legalherald.com/jurisdiction-to-review-an-out-of-time-claim/ In Bain v Military Rehabilitation and Compensation Commission AATA 884, the Administrative Appeals Tribunal (Tribunal) was satisfied that it had jurisdiction to review decisions which the Commission had conceded could... http://www.legalherald.com/jurisdiction-to-review-an-out-of-time-claim/#comments http://www.legalherald.com/jurisdiction-to-review-an-out-of-time-claim/ Mon, 05 Jan 2009 09:58:00 GMT http://www.legalherald.com/damages-for-a-risk-of-injury-where-damages-already-paid/ In Muscat v Comcare AATA 872, the Administrative Appeals Tribunal (AAT) considered whether an employee was entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) in... http://www.legalherald.com/damages-for-a-risk-of-injury-where-damages-already-paid/#comments http://www.legalherald.com/damages-for-a-risk-of-injury-where-damages-already-paid/ Sat, 03 Jan 2009 09:09:00 GMT http://www.legalherald.com/new-queensland-liquor-licence-types-and-fees/ From 1 January 2009 all liquor licences in Queensland will be re-categorised into the new streamlined licence types under the amended Liquor Act 1992 (Liquor Act). On 12 December 2008... http://www.legalherald.com/new-queensland-liquor-licence-types-and-fees/#comments http://www.legalherald.com/new-queensland-liquor-licence-types-and-fees/ Thu, 01 Jan 2009 08:17:00 GMT http://www.legalherald.com/court-of-appeal-clarifies-scope-of-appeals-against-acquittal/ The New South Wales Occupational Health & Safety Act (Act) permits the prosecutor to appeal to a Full Bench of the Industrial Court of New South Wales, against a verdict... http://www.legalherald.com/court-of-appeal-clarifies-scope-of-appeals-against-acquittal/#comments http://www.legalherald.com/court-of-appeal-clarifies-scope-of-appeals-against-acquittal/ Sat, 27 Dec 2008 05:37:00 GMT http://www.legalherald.com/senate-estimates-and-other-parliamentary-committees/ While the proceedings of Senate Estimates Committees are often reported as just another piece of political theatre, they do represent an important accountability mechanism. Senator the Hon John Faulkner, Special... http://www.legalherald.com/senate-estimates-and-other-parliamentary-committees/#comments http://www.legalherald.com/senate-estimates-and-other-parliamentary-committees/ Sat, 27 Dec 2008 04:45:00 GMT http://www.legalherald.com/new-australian-domain-names-sale-rules/ The Australian Domain Name Administrator (auDA) recently relaxed its rules on domain name transfers by introducing a new Transfers (Change of Registrant) Policy. Significantly, the policy allows domain name registrants... http://www.legalherald.com/new-australian-domain-names-sale-rules/#comments http://www.legalherald.com/new-australian-domain-names-sale-rules/ Fri, 26 Dec 2008 13:59:00 GMT http://www.legalherald.com/misfeasance-in-public-office/ Claims against government for the tort of misfeasance in public office appear to be on the rise. Usually, persons affected by government actions or decision-making will seek public law remedies... http://www.legalherald.com/misfeasance-in-public-office/#comments http://www.legalherald.com/misfeasance-in-public-office/ Fri, 26 Dec 2008 13:31:00 GMT http://www.legalherald.com/freedom-of-information-reforms-in-act/ Australian Capital Territory (ACT) Attorney General Simon Corbell has indicated that Labor will honour the commitments made during the recent ACT election by introducing changes to the Freedom of Information... http://www.legalherald.com/freedom-of-information-reforms-in-act/#comments http://www.legalherald.com/freedom-of-information-reforms-in-act/ Mon, 15 Dec 2008 13:55:00 GMT