Publications
Carbon Offsetting of Motor Racing: 'Greenwashing' Originally published in World Sports Law Report, October 2008, Claude Harran | Kelly Hazell Quill Lawyers | http://www.e-comlaw.com/WSLR
Client Legal Privilege and the Impact on In-House Counsel "An in-house lawyer, is by reason of his or her position, more likely to act for purposes unrelated to legal proceedings that an external solicitor who, in the normal course, has no relevant function other than that involving legal proceedings and/or legal advice."
International transfers to new sports: Sonny Bill Williams case Originally published in World Sports Law Report, September 2008, Claude Harran | Kelly Hazell Quill Lawyers | http://www.e-comlaw.com/WSLR
ACCC concern over potentially misleading labelling of food products "It is important to consider the potential audience of a product and how that audience may interpret the packaging, labelling or advertising."
Parallel Imports - Is express consent of the trademark owner required? "The theory behind the introduction was based on the doctrine of 'exhaustion of rights'."
The meaning of 'consequential loss' and its effect on drafting exclusion and limitation clauses "Avoid relying on clauses excluding liability for 'consequential' or 'indirect' loss to cover loss of profits, loss of revenue and loss of opportunity. Instead, specify exactly what loss is being excluded or limited."
The Do Not Call Register: Are you making the right call? " ... calls can still be made to numbers listed on the Register if the recipient has consented to receiving the call in advance. Consent can be either express or inferred."
Corporate Duties Below Board Level "Justice Owen suggested that managers, consultants, and contractors, where they functionally perform the duties of a director or officer of a company, should owe the same legal duties under the law as directors and officers."
Copyright infringement: What is your website linking to? "Even though the website itself did not contain any music files, the Court held that the act of making links available can constitute ... infringement."
To shred or not to shred - Does your company have an adequate document retention policy? "It may be a defence or a mitigating factor to a charge under the Act if a company can prove that it exercised due diligence and took all reasonable steps to educate its officers about the importance of document retention."
Bait Advertising - Have you been trying to hook the big fish? "In recent years a number of businesses have provided enforceable undertakings to the ACCC in response to investigations regarding allegations of bait advertising."
The Australian Guidelines for Electronic Commerce - What do they mean for your on-line business? "Complaint handling procedures should be transparent and readily available to deal with any customer enquiries."
Decrypting a Court Ordered Subpoena to Produce Telematics Data "Court ordered requests for telematics data will undoubtedly increase as more and more vehicles are fitted with technology."