AUSTLII: New (beta) version

By wjmadden Austlii has made available a new version of its database of Australian legal materials, which presently remains in beta and uses a different web address:
The proposed new and enhanced features are listed below. The RSS feeds for each database could be particularly useful for those monitoring the decisions of particular courts.

Responsive AustLII homepage with touch-friendly features
Enhanced navigation based on document type and jurisdiction
Jurisdictional pages with integrated search scope selection
Redesigned search results page and new option: Show Excerpt
Autosuggest search feature
Redesigned database homepages (completed: cases, journals; to do: legislation)
New database homepage options: Most Cited and Most Accessed documents
Access statistics …read more

Source:: Bill Madden

Medical practitioner: Murder conviction

By wjmadden A general practitioner, in a judge alone trial R v Crickitt [2016] NSWSC 1738, has been found guilty on a charge of murder of his then wife.
The Crown case was that the accused deliberately injected insulin into the left buttock of the deceased [his wife] on the night of 31 December 2009 or in the early morning of 1 January 2010. The Crown submitted that if the Court accepted that fundamental proposition, there could be no doubt that this was done with the intention to murder the deceased because she was not a diabetic and there was no legitimate medical …read more

Source:: Bill Madden

Intellectual Property Laws Amendment Bill 2017 – exposure draft

By war IP Australia has published an exposure draft of an Intellectual Property Laws Amendment Bill 2017 and the proposed accompanying regulations, explanatory memorandum and statement. So that everyone at IP Australia has something to do when they come back from their summer hols, you have to get your comments in by 22 January 2017.
A large part of the changes seem to be about aligning the administrative processes under the different statutory regimes According to the EM:
The patents, trade marks, designs and plant breeder’s rights (PBR) systems have a number of different administrative processes and rules specific to each IP right. A …read more

Source:: IP Wars

EDR Scheme Review Interim Report

By David Jacobson The Interim Report of the Review of the financial system external dispute resolution and complaints framework has been published for consultation with the intention that the Final Report will be delivered to the Government by the end of March 2017.
The independent expert panel’s draft recommendations include:
there should be a single industry ombudsman scheme for financial, credit and investment disputes (other than superannuation disputes) to replace FOS and CIO;
that the monetary limits and compensation caps for the new scheme for financial, credit and investment disputes be increased (relative to the existing limits and caps imposed by FOS and CIO), including …read more

Source:: Bright Law

ASX to administer BBSW

By David Jacobson The Australian Financial Markets Association (AFMA) has announced that it will transfer administration of the BBSW benchmark rate to ASX. It is the intention of both parties that ASX will administer BBSW from 1 January 2017. The transfer is part of a new scheme for the regulation of financial benchmarks.
AFMA will continue to act as the calculation agent for ASX until the systems required to support the new methodology go live in 2017.
The new BBSW calculation methodology will be based on a volume weighted average price (VWAP) calculation that will replace the nationally observed best bid and best offer (NBBO) …read more

Source:: Bright Law

BMW Finance consumer credit remediation program

By David Jacobson Following a number of recent ASIC regulatory actions in relation to BMW Finance’s lending and collections activities, ASIC has announced that it has accepted an Enforceable Undertaking (EU) from car financier, BMW Australia Finance Limited, which will require BMW Finance to implement a consumer credit remediation program to compensate customers for its responsible lending breaches.
The program which is open to all of its customers under the BMW Financial Services, Mini Financial Services and Alphera Financial Services brands, will provide at least $72 million in redress for consumers made up of:
•$14.6 million in remediation payments to customers in hardship as a …read more

Source:: Bright Law

New Social Networking Platform To Bring Disability Community Together

By Dale Reardon The Small Business Marketer blogA new social network will be officially launched today to help connect the disability community across Australia and all over the world.
Known as the My Disability Matters Club (, the free online resource is a place for people affected by disability to meet, share ideas, seek advice and find support.
Dale with his seeing eye dog Charlie
My Disability Matters Club founder, Dale Reardon, says the site was specially designed to overcome many of the accessibility and ease-of-use issues people with disability often face with existing social networks.
‘Discussing disability issues on existing social networks can also cause things …read more

Source:: Discrimination, Higher Education and Disability

Federal Trade Commission takes action against data broking

By Peter Clarke The purchase of data in the United States is longstanding and has given rise to a data broking industry. Under the Privacy Act such freewheeling practices would be difficult. That is not to say organisations in Australia are trying to try to monetise data they hold. That is a feature of the digital environment.
Data broking has a very dark side as the FTC demonstrates in action taken against a data broker, Jason A Kotzer, who sold it companies who used it fraudulently.
The media release provides:
The Federal Trade Commission has closed the book on a data broker operation …read more

Source:: Peter A Clarke