September 2016


Upcoming Events


Human Resources Masterclass
Friday 4 November 2016

Only 4 spaces remaining!

Following on from last year’s successful inaugural Human Resources Masterclass, the Norman Waterhouse Employment and Industrial Relations Team is pleased to announce that this year’s Human Resources Masterclass will be held on Friday, 4 November 2016.


Latest Legal Updates


Recent Decision Dick Smith Investments Pty Ltd v Ramsey

The Federal Court has recently upheld the trademark registration for Dick Smith’s OzEmite in the face of a challenge from a competitor producing rival product Aussiemite.  Roger Ramsey, a South Australian businessman, had sought to have OzEmite removed from the register of trademarks for non use, primarily because of an 8 year delay between registration of the trademark in 2003 and the launch of the OzEmite product in 2012.

Excessive payment surcharge regime


As from 1 September this year a new Reserve Bank Standard (Standard) relating to merchant pricing for credit, debit and prepaid credit card transactions for large merchants came into operation.

This Standard is part of changes set out in a new Part IVC to the Competition and Consumer Act 2010 which prevent a merchant from charging a payment surcharge for transactions which is excessive.

Changes to proposed B2B unfair contract laws

In previous editions of Briefly we have reported on the proposed extension of the “unfair contract terms” provisions of the Australian Consumer Law (ACL) to “business to business” transactions.

The current provisions came into operation on 1 January 2010 and apply only to standard form contracts for the supply of goods or services wholly or predominantly for personal, domestic or household use or consumption (standard form consumer contracts).  As from 12 November 2016, these laws will apply to new and renewed standard form contracts where:

  • the contract is for the supply of goods or services or the sale or grant of an interest in land;

Ashley Madison:  A lesson for all businesses

Unless you have been living under a rock for the last 12 months, you would be aware of large scale data breaches suffered by adult dating website, Ashley Madison (AM).  Apart from providing an opportunity for salacious intrigue, this case is an opportunity for all businesses to learn some serious lessons about data protection.


Employment - What does “in the course” of employment mean?

In November 2013, the High Court of Australia (the High Court) in the case of Comcare v PVYW [2013] HCA 41 (PVWY) overturned the Full Court of the Federal Court of Australia’s decision in determining that an employer was not liable to pay compensation to an employee who suffered injuries as a consequence of engaging in sexual intercourse in a motel while on a business trip. This case generated great interest across Australia as to the interpretation of the phrase “in the course” of employment.


The new food labelling system: what it could mean for your business

On 1 July 2016, the new Country of Origin Food Labelling Information Standard 2016 (the Standard) came into effect; however, businesses will not be required to have their food products conform to the Standard until 1 July 2018.

Under the Standard, consumers should be able to determine where food has been grown, produced, made or packed, and the overall proportion of Australian ingredients.

New Labelling Requirements

Businesses that sell retail packaged food products must include a clearly defined box on the packaging which contains the country of origin information. 


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