May 2015


May 21, 2015 4:25 PM | Posted by Helen Paterson & Charles Alexander | Permalink

On 18 May 2015, the Full Court of the Federal Court delivered its judgment in Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2015] FCAFC 65. The decision considered nine issues, including the existence and terms of a licence, innocent infringement, authorisation, damages, costs and the elements involved in determining whether there has been a 'reproduction' of a copyright work.

We look at the Court's consideration of the final issue – the elements involved in determining whether there has been a reproduction of a copyright work, specifically, the interaction between a sufficient degree of objective similarity and causal connection.

read more
May 20, 2015 3:50 PM | Posted by Lucy McGovern & Paul Kallenbach | Permalink
In the 2015 Budget, the Government has committed, as part of its national security expenditure, $153.8 million over four years to support the implementation and ongoing management of the metadata retention scheme. read more
May 18, 2015 4:45 PM | Posted by Tarryn Wood and Veronica Scott | Permalink
Last week a US federal appeals court ruled that the NSA's mass collection of telephone metadata is not in fact authorised by the Patriot Act as the US government has long maintained. The NSA's collection of this data was made infamous by the revelations of former NSA contractor, Edward Snowden, and The Guardian newspaper in 2013. read more
May 6, 2015 5:06 PM | Posted by James Patto & Paul Kallenbach | Permalink
Last week the Privacy Commissioner, Timothy Pilgrim, (Commissioner) made a determination that metadata held by Telstra is 'personal information' for the purposes of the Privacy Act 1988 (Cth) (the Act).  Our blog post earlier this week outlined the determination by the Commissioner and his reasoning behind the decision.  Telstra argues that the ramifications beyond this decision may have the potential to hamstring telecommunication companies (Telcos) in a sea of compliance and lead to higher prices for consumers.  In this post, we explore the compliance consequences with respect to key Australian Privacy Principles (APPs). read more
May 5, 2015 5:05 PM | Posted by Helen Paterson & Paul Kallenbach | Permalink
The Commonwealth Privacy Commissioner (the Commissioner) late last week released a determination that considers the meaning of 'personal information' under the Privacy Act 1988 – a term that has been the subject of scant jurisprudence to date.  The Commissioner found that metadata held by Telstra was 'personal information', and that Telstra breached the Privacy Act when it did not provide access to that metadata to the individual to whom the metadata related. read more
May 5, 2015 2:15 PM | Posted by Timothy Gorton & Paul Kallenbach | Permalink
In 2012, this blog discussed the High Court's decision in Andrews v ANZ [2012] HCA 30 and how it changed our understanding of the penalties doctrine in contract law.  A recent decision of the Full Federal Court has again shifted the goalposts in the area, with potential ramifications for technology contracts. read more
May 4, 2015 4:41 PM | Posted by Charles Alexander, Veronica Scott, Ian Lockhart | Permalink
Privacy Awareness Week runs this week from 3 to 9 May 2015.  This morning the Australian Privacy Commissioner, Timothy Pilgrim, and a panel of academic and industry speakers discussed the issue of 'Privacy – living in the future'. read more