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24 August 2022
High Court gamble does not pay out for computer-implemented inventions in Australia
The High Court of Australia has delivered an equal-split judgment on the question of patentability of computer-implemented inventions. As a result, an appeal from a decision of the Full Court of the Federal Court of Australia, 1 which found that Aristocrat’s patent claims to electronic gaming...
11 August 2022
When notification and disclosure collide
A claim under a Directors and Officers liability policy for investigation, defence and settlement costs has ended with the New South Wales Supreme Court 1 allowing some claims but denying others. The decision is a reminder of the importance of robust internal insurance reporting processes, and of...
12 July 2022
Australian court rejects insurance declinature, highlighting complexity of non-disclosure issues
A recent decision of the New South Wales Supreme Court 1 demonstrates the scepticism with which courts will view insurers who say they would have acted differently had certain material been disclosed to them.
25 March 2022
First things first: Full Federal Court clarifies the law on patent term extensions
Last week, a Full Court of the Federal Court of Australia handed down two unanimous decisions on appeal, clearing up some key uncertainties in the application of Australia’s patent term extension (PTE) regime.
24 February 2022
Covid-19 Business Interruption Insurance – Insurers Win Appeals in Second ICA Test Case and Star Casino Claim
The Full Court of the Federal Court of Australia (3 judges) has generally confirmed the first instance decisions in the Second ICA Test Case 1 and the Star Casino Claim 2 – largely agreeing that the insurers are not liable for certain claims arising from COVID-19 related interruptions to business.
23 December 2021
Is it game over for computer-implemented inventions in Australia?
The Full Court of the Federal Court of Australia has provided some clarity on assessing whether computer-implemented inventions constitute patentable subject matter, finding that Aristocrat’s patent claims to electronic gaming machines with particular gaming features were not a “manner of...
17 December 2021
Online Privacy Bill and Privacy Act Discussion Paper: Increased Enforcement Risk and Regulatory Change
As explored in our earlier briefing article, the recent release of the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 (the Exposure Draft) and the Privacy Act Review – Discussion Paper (the Discussion Paper ) canvass a wide array of...
29 October 2021
COVID-19 Business interruption Insurance – Round 1 of Second ICA test case to insurers
Insurers have won the first round of the Second ICA test case on business interruption insurance cover for losses arising from COVID-19 related causes. But the devil is in the detail of Justice Jagot’s judgment, and if one key finding is reversed on appeal then policyholders with cover for...
06 October 2021
Taking the Floor: Government proposes to legislate a recovery presumption for funded class action group members
On 30 September 2021, the Department of Treasury opened consultation on new laws which, if enacted in their proposed form, will introduce new hurdles for litigation funders intended to ensure fairer returns for group members in future funded class actions.
15 September 2021
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor seeking an urgent interim injunction against them, if they stray too close to an existing registered trade mark.
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21 September 2022
The EU Foreign Subsidies Regulation: Substantive Assessment Issues and Open Questions
The EU Institutions have now reached agreement in relation to the new Foreign Subsidies Regulation, a potentially far-reaching instrument that effectively creates a new subsidy control regime for non-EU subsidies affecting the EU's internal market.
21 September 2022
The third age looms – Why impact will shape the next generation of sustainable finance
Although one of the most touted investment trends, impact investing remains plagued by misconceptions and regulatory confusion. We look back over the three eras of sustainable investing and argue impact will unlock a new ambition for progressive finance.
20 September 2022
Japan Publishes Guidelines on Corporate Human Rights Due Diligence
On 13 September 2022, the Japanese government ( Government ) published its Guidelines on Respecting Human Rights in Responsible Supply Chains ( Guidelines ) (available in Japanese here ). The Guidelines set out how businesses active in Japan should address the human rights risks arising in their...
16 September 2022
Raising Capital in Uncertain Times
In this webinar Partners Paul Apathy and Clayton James, with our co-Head of Venture Capital Elizabeth Henderson and special Guest Panel Member Marcus Derwin, Managing Director, R Cubed, reflected on the current market for expansion capital raising and how founders, companies and investors can...
15 September 2022
HSF Explains: The Merge - A green crypto revolution or more hype?
This week one of the dominant blockchains Ethereum undertakes 'The Merge': a high-stakes move to a new platform, slashing its vast energy use and paving the way for major upgrades. HSF digital law expert Alex Cravero explains the impact and separates crypto from cryptic
13 September 2022
Supreme Court of NSW clarifies the nature and extent of the duty of care owed by building practitioners: What you need to know
The Design and Building Practitioners Act 2020 (NSW) ( DBP Act ) commenced just over two years ago. A significant feature of the DBP Act is the statutory duty of care it created, which provides that persons who carry out construction work have a duty to exercise reasonable care to avoid economic...
12 September 2022
Calling all shareholders: Australian Court rejects CEO’s call script for a scheme of arrangement
An Australian Court has refused to allow one-on-one communications initiated by a CEO to shareholders in respect of a scheme of arrangement, despite the proposed use of a script for the call.
12 September 2022
Virtus 03: On market acquisitions during a bid
The Australian Takeovers Panel in Virtus 03 addressed the lack of clarity regarding the steps a bidder should take in relation to an on-market acquisition of shares at a price different from the bid price – should the precise price be disclosed to the market prior to making such acquisition, or not?
12 September 2022
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...