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Thomson Geer


Payments made by mistake and the defence of change of position

Australia - May 19 2014 The High Court has confirmed that where it is claimed that a payment was made by mistake the defence of change of position will still apply where it

Not so pyscho after all!

Australia - June 28 2013 A recent Supreme Court of Victoria judgment an analysis of Nicholas Alan Taylor v Haileybury 2013 VSC 58 has questioned the integrity of

Misleading and deceptive conduct: be wary of the silences - limited protection for commercial parties under the ACL

Australia - April 18 2013 There is a prohibition against misleading or deceptive conduct in trade or commerce under section 18 of the Australian Consumer Law (ACL) (the

High Court finds trademarks are inherently distinctive

Australia - January 9 2015 In a recent appeal to the High Court of Australia (High Court), the High Court set aside the orders of the Full Court of the Federal Court of

Tamiz v Google Google’s liability for defamatory content

United Kingdom - February 25 2013 Earlier this month, the Court of Appeal in London handed down a significant decision concerning Google's liability for defamatory content. In this

Dallas buyers club fights ISPs for customer details ahead of copyright code

Australia - February 23 2015 While the telecommunications industry and rights holder groups work to reach agreement on an industry code to tackle online copyright infringement

Aged care alert: February 2015

Australia - February 16 2015 The Department of Social Services (DSS) has released a discussion paper outlining its proposed changes to simplify financial and prudential reporting

Protected action ball orders: what constitutes “genuinely trying to reach an agreement”?

Australia - February 16 2015 In the recent case of Esso Australia Pty Ltd v AMWU, CEPU and AWU 2015 FWCFB 210, a Full Bench of the Fair Work Commission (FWC) considered the

Repetitious payment claims may be an abuse of process

Australia - February 3 2015 In a recent decision in Ku-Ring-Gai Council v Ichor Constructions Pty Ltd 2014 NSWSC 1534, the New South Wales Supreme Court has addressed whether

New Guide to Securing Personal Information released

Australia - February 3 2015 In January 2015, the Office of the Australian Information Commissioner released a new 'Guide to Securing Personal Information.' Although the