Birth trauma claim: Pleading amendments

By wjmadden Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176 required consideration of a claimant’s request to amended a statement of claim to add new allegations of negligence, referencing an expert’s report served sometime earlier.
The court took the view that the the arguably “new” particulars are no more and no less than a slightly more detailed description of the case as already particularised: [8].
The amendments were allowed. …read more

Source:: Bill Madden

Ashley Madison data breach: website privacy management

By David Jacobson The Australian Privacy Commissioner has released the final report on the Ashley Madison data breach which was a joint investigation with the Privacy Commissioner of Canada into the website’s handling of the personal information of its users.
At the time of the breach in August 2015, Ashley Madison (operated by Avid Life Media Inc.(ALM)) had approximately 36 million user profiles, including many Australians. The data breach included people’s account information, email addresses, security questions and in some cases billing and geolocation information.
The investigation initially examined the circumstances of the data breach and how it had occurred. It then considered ALM’s information …read more

Source:: Bright Law

Case note: liability of non-English speaking director

By David Jacobson In Australian Securities and Investments Commission, in the matter of Sino Australia Oil and Gas Limited (in liq) v Sino Australia Oil and Gas Limited (in liq) [2016] FCA 934 the Federal Court of Australia declared that the company breached the Corporations Act by making misleading or deceptive statements in its prospectus relating to its drilling technology, failing to disclose that circumstances had arisen the consequence of which was that the profit forecast would not be achieved and by providing its auditors false information concerning the assets and liabilities of its subsidiaries. ASIC claimed that Sino’s non-English speaking director …read more

Source:: Bright Law

Insolvency administration changes

By David Jacobson The Insolvency Law Reform Act 2016 which changes insolvency administration procedures was assented to on 29 February 2016. The practitioner registration and discipline provisions and expansion of ASIC’s powers will commence on 1 March 2017, as planned, but the Minister for Revenue and Financial Services has announced that the implementation of the majority of the Act is being delayed to 1 September 2017.
The Act amends the Corporations Act, the ASIC Act and the Bankruptcy Act to provide common rules for the conduct of administrations for both personal and corporate insolvency practitioners.
The delayed provisions include a new right of …read more

Source:: Bright Law

Hampshire County Council fined for leaving files with personal details in a disused building

By Peter Clarke Document management is the bane of many organisations. Take that issue and put it on steroids and that is the scale of the potential disaster that awaits a breakdown in handling personal information. Government agencies collect a large amount of personal information and are geared towards keeping detailed files. That means a large volume of documentation.
The Hampshire County Council has been fined £100,000 as a result of 45 bags of confidential waste found in a disused building. The documents contained sensitive information about adults and children in vulnerable situations.
It is a case of a failure to …read more

Source:: Peter A Clarke

Discrimination: Sign language interpreter for husband at birth

By wjmadden Hinton v Alpha Westmead Private Hospital [2016] FCAFC 107 was an appeal arising from an allegation that a hospital had (in breach of the Disability Discrimination Act 1992 (Cth) refused to provide sign language interpreting services to the appellant’s husband, who is deaf, in respect of the scheduled birth of the child of the appellant and her husband at the hospital.
The primary judge had summarily dismissed the application. On appeal the court overturned that ruling and remitted the matter for hearing.
The appellant ultimately gave birth at another hospital which provided the appellant’s husband with an Auslan interpreter. …read more

Source:: Bill Madden

VMO suspension dispute

By wjmadden Dr David Amos v Western New South Wales Local Health District [2016] NSWSC 1162 arose in circumstances where the LHD is currently giving consideration to suspending Dr Amos’ appointment as a VMO.
In response, Dr Amos invokes the Court’s supervisory jurisdiction under s 69 of the Supreme Court Act 1970 (NSW). Dr Amos seeks, inter alia, an injunction preventing his suspension on the basis that he apprehends he will be denied procedural fairness and an injunction preventing his being reported to the Medical Council of New South Wales under s 99A of the Health Services Act 1997 (NSW) (the “HSA”) without …read more

Source:: Bill Madden

Was the patent infringed?

By war Both A Pty Ltd and R Pty Ltd are located in Australia.
A Pty Ltd has a patent in Australia over a gizmo.
R Pty Ltd has entered into a contract with T LL C to make 100 gizmos for T for delivery to T’s facility in Eritrea. R Pty Ltd won’t make the gizmos itself; they will be made by its manufacturer in Shenzhen, China . Once made, R’s manufacturer will deliver the 100 gizmos FOB to a ship T has chartered in Hong Kong.
Assuming that the gizmos made in Shenzhen fall squarely within the claims of A’s patent, has R …read more

Source:: IP Wars

Selected links,from last week

By war Here is a selection of links to IP-related matters I found interesting this week:
Patents
Bad and Good News for Bio-Pharmaceutical Patenting in the United States
Publication of the USA Patent Case Management Judicial Guide (3rd edition)
Trade marks
Dick Smith wins rights to Ozemite brand name after Federal Court appeal
Copyright
Irish Court of Appeal orders rights holders to contribute to ISP’s costs of graduated response scheme
Remedies
US Agencies Seek Comment On Updated Antitrust Guidelines For IP Licensing
Li on China’s Qualcomm Decisions: antitrust – standards essential patents
Not categorised
US Government Announces Go-Ahead For IANA Transition By October
Switzerland Stars, China In Top 25, Innovation Rating
Bontekoe Is New WIPO Legal …read more

Source:: IP Wars