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Knowledge

Our experienced lawyers share their unique perspectives on the latest market news and trends. Moulis Legal and our lawyers are highly ranked by respected peer review agencies Chambers & Partners, Who’s Who Legal and Best Lawyers. Our recognitions include consistent Band 1 recognition by Chambers & Partners Asia Pacific, and as one of Australia’s top 20 law firms (Chambers & Partners, 2015).

Defence bid to control uncontrolled technology fails, for now

3D printers, memory devices – you would be excused for thinking that these were pretty standard products these days. But this is not necessarily the case, as the continuing debate about the dividing line between “benign” and “malign” goods, and the people who trade in them, tell us.  The concern of governments around the world extends further, to any new technology that is “uncontrolled” in cross-border trade.

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Between Rokt and a hard place

The Australian start-up Rokt Pte Ltd (Rokt), now a global marketing technology force, has succeeded in its Federal Court appeal against IP Australia. The triumph offers much-needed clarity around the patentability of computer-implemented inventions, and is a promising result for innovators in the software space.

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Information security – make your own rules

Reports last week about the hacking of the political think-tank Lowy Institute and of the question-and-answer website Quora were met with different responses by the affected parties. Reportedly, the Lowy Institute declined to comment, citing a policy of not doing so on security matters. 

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Fridges to phones – communicating consumer rights under the ACL

The ACCC’s spotlight on businesses who make false or misleading representations to consumers about their rights under the Australian Consumer Law (“ACL”) continues with two more recent wins before the Courts. 

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When terminating for an insolvency event is no longer an option

Following the implementation of the Safe Harbour protections introduced last September, new changes to the Corporations Act 2001 come into force on 1 July 2018, significantly limiting the ability of parties to rely on insolvency as a means to terminate a contract. 

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“Without prejudice” communications – sorting out the legals

The phrase “without prejudice” regularly appears in communications between parties in a dispute as it is often seen as a blanket protection against all things said, or admitted, to the other side. However, this phrase is easy to use incorrectly, leaving parties with the mistaken belief that their statements are protected by privilege. 

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The weakest link – supply chain security and the role of compliance in cybersecurity

Cybersecurity, like money, is one of those things that become screamingly important when there is a lack of it. Compliance is widely recognised to be a critical component of cybersecurity. This article considers how an in-house counsel and other legal practitioners can support a corporate client in pursuit of better compliance in cybersecurity.

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Containing legal costs – Calderbank offers in litigious settlement negotiations

Legal costs are a legitimate business concern for any organisation particularly those involved in litigation. One only needs to recall the C7 litigation a decade ago to realise the enormity of legal costs incurred by mostly unwilling participants. 

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Show me the money! Connecting start-up founders to crowdfunding

Raising capital and accessing affordable finance is a key issue facing start-ups in Australia. There are relatively few early stage venture capital firms and financial institutions are often unwilling to invest in speculative or innovative ideas. 

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ACCC lays down the law on misuse of market power

In one of the largest shakeups of competition law in Australia, the controversial and highly anticipated ‘effects test’ for determining misuse of market power is set to come into operation in coming weeks. This follows the passing of wider reforms to the Competition and Consumer Act 2010 (Cth) (“the Act”) in October.

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