Thomson Geer

Follow

Payments made by mistake and the defence of change of position

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…

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

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…

Tamiz v Google – Google’s liability for defamatory content

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…

When a jury gets it wrong

June 28 2013 In Karen Aden Willett v Victoria [2013] VSCA 76 the Court of Appeal was required to determine the question of whether a jury verdict on damages…

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

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

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

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

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”?

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

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

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