Information technology Publications

Information technology

Publications

China regulates virtual currency transactions - 30 June 2009
China’s Ministry of Culture and Ministry of Commerce jointly issued new regulations prohibiting the use of virtual currency to purchase real goods and services. The Notice on Strengthening the Administration of Virtual Currency in Online Games is particularly relevant to online game providers and aims to prevent virtual currency transactions from affecting real-world financial systems.

New Supreme Court forum for IT disputes - 16 June 2009
Victoria is about to see a new forum for the resolution of IT disputes. On 19 June 2009, the Technology, Engineering and Construction List (TEC List) will be introduced as a new judge-managed list in the Supreme Court, under the supervision of Justice Vickery

Mallesons IT Update - June 2009

Full Court rejects $3.2 million claim for testing back-up copy of software - 27 March 2009
The Full Federal Court has confirmed the first instance decision of McKerracher J in Software AG (Australia) Pty Ltd v Racing & Wagering Western Australia [2009] FCAFC 36, finding that Racing & Wagering WA was contractually entitled to create, install remotely, maintain and test a disaster recovery copy of licensed Software AG software.

Mallesons on Outsourcing (second edition) - September 2008

ACCC proposes more roll back of access regulation - 16 September 2008
On 5 September 2008, the Australian Competition and Consumer Commission (ACCC) released its draft decision exempting Telstra from its obligation to supply the Public Switched Telephone Network Originating Access in 15 CBD and 248 metropolitan exchange service areas.

Australia’s National Innovation Report- Key Points for Corporate Counsel - 11 September 2008
On 9 September 2008, the Federal Government released a major report on Australia’s National Innovation System. The Report was prepared by a panel chaired by Dr Terry Cutler, which included respected economists and research industry experts. This Alert identifies the specific key recommendations and issues raised by the Report which would have a legal impact on major corporations.

ALRC recommends changes to regulation of health information - 12 August 2008
The Australian Law Reform Commission has recommended significant changes to the regulation of health information handling. If adopted, the recommendations would sweep away the current patchwork of overlapping and inconsistent State and Federal regulations and replace them with nationally consistent laws on health privacy.

Major privacy reforms proposed by ALRC - 11 August 2008
The Australian Law Reform Commission has today recommended major changes to privacy laws, affecting all private sector entities. Within 12 to 18 months, the Federal Government will replace the National Privacy Principles, changing how organisations can collect and use personal information. Special requirements will apply to health and credit information, with enhancements to the scope of credit reporting.

Full Federal Court overturns IceTV decision - 12 May 2008
The Full Court of the Federal Court has overturned the first instance decision of Bennett J in Nine Network Australia Pty Limited v IceTV Pty Limited [2008] FCAFC 71,finding that IceTV infringed compilation copyright in the weekly television schedules prepared by Nine in reproducing program titles and times in its electronic programming guide (EPG). This decision signals a warning against the use of information contained in a compilation copyright work.

Consequential loss - a new definition - 3 March 2008
A recent decision¹ by the Court of Appeal in Victoria has clarified the definition of “consequential loss” under Australian law. This decision appears to mean that, in general, an exclusion of consequential loss will be interpreted to exclude lost profits and other pure economic losses unless the contract or circumstances indicate that the parties intended the economic loss to be a “normal loss”.

New APRA Prudential Standards on Outsourcing - 11 October 2006
On Friday 6 October 2006, the Australian Prudential Regulation Authority (APRA) released its new prudential standards on outsourcing for authorised deposit-taking institutions (ADIs), general insurers and life companies (regulated institutions). ADIs must comply with the new prudential standards from 1 January 2007.

Information technology update - Autumn 2006
This Autumn edition of the IT Update contains articles on wine, websites, consumers and misrepresentation in the Arms v WSA Online Limited case, taking a closer look at spyware; potential workplace privacy legislation for Victorian employers, the proposed overhaul of the GITC and Supplier Liability Caps.

Intellectual property update - Summer 2006
This update includes articles on software piracy, the "essence" of the invention, a food labeling review, the dawn of the ".eu" top level domain, and the Trade Practices Act prevailing over Australian Standards.

NSW Workplace Surveillance Act commences - 7 October 2005
The Workplace Surveillance Act 2005 (NSW) (the Act) commences operation today.

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