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Battle of the Brands: Bed Bath ‘N’ Table Triumphs in Landmark High Court Decision

In Bed Bath ‘N’ Table v Global Retail Brands Australia Pty Ltd HCA 50, the High Court of Australia has set aside a judgment of the Full Federal Court and upheld an appeal by Bed Bath ‘N’ Table Ltd (BBNT) in a dispute concerning a competitor’s use the below mark (House B&B Mark).     […]

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Mandatory merger rules are now set

The final ground rules for Australia’s mandatory, suspensory merger notification regime are now set following the Australian Government’s registration of the Competition and Consumer (Notification of Acquisitions) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination). The Amendment Determination provides welcome, but incomplete, relief to acquisitions of interests in land and other targeted exemptions. It also […]

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Public works can be a real nuisance: Liability risks for public infrastructure

In an important judgment for public authorities procuring major infrastructure works, the High Court has held that, absent unambiguous language, statutory authority is not a blanket immunity to private nuisance claims arising from the conduct of the works. Rather, statutory authority only excuses nuisance if the interference with a person’s ordinary enjoyment of their land […]

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Australia launches AI Safety Institute and releases National AI Plan

The Labor government has recently announced the launch of the Australian AI Safety Institute (AISI), a national watchdog dedicated to ensuring the safe and responsible development of AI in Australia. The government will begin rolling out the AISI in early 2026. The AISI has been developed to oversee the deployment and regulation of AI technology […]

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No likes before sixteen: Australia’s social media minimum age restriction

On 10 December 2025, Australia became the first country to enforce a minimum age requirement for social media accounts. This landmark reform introduces the Social Media Minimum Age obligation (SMMA) under Part 4A of the Online Safety Act 2021 (Cth) (OSA), requiring platforms to take reasonable steps to prevent users under 16 from creating or […]

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Market recap – Recent key developments in Australian Digital Assets regulation

Australia’s digital assets sector has undergone several major regulatory developments in recent months.  Below is a high-level chronological recap of the key consultations, legislative proposals, and updates shaping the industry’s landscape during this period. Treasury consults on exposure draft legislation regulating digital asset platforms On 25 September 2025, Treasury opened consultation on draft legislation to […]

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Intellectual property and AI – Retro-fitting current frameworks for new concepts

Artificial intelligence (AI) may be transforming how we work with information, but it’s also raising a number of questions as to what we ‘own’ – both as to what goes in, and what comes out. For instance, the Productivity Commission’s interim report into Harnessing Data and Digital Technology identified that restrictions on the use of […]

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A system under strain: The “unsustainable” rise in Fair Work Commission applications

In a statement released earlier this month by Justice Hatcher, President of the Fair Work Commission, the current workload of the Fair Work Commission (Commission) has been put under the spotlight.[1]  Justice Hatcher expressed concern that the continuing growth in applications is “unsustainable within the Commission’s current operational, performance and funding structures” and compromises “the […]

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2025 year in review: A recap of workplace law changes and upcoming changes in 2026

This past year saw numerous changes to workplace laws and significant case developments. This article provides a summary of the 2025 changes and an overview of some key changes to have on your radar for 2026. Key updates: What employers need to know 1. Employment contracts: The future of set-off clauses In September 2025, the […]

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Breaking the silence: Victoria to restrict the use of non-disclosure agreements in workplace sexual harassment cases

On 29 October 2025, the Victorian Government introduced the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Bill 2025 (Vic) (Bill) to parliament. The Bill responds to findings by the Ministerial Taskforce on Workplace Sexual Harassment in Victoria (Taskforce) that non-disclosure agreements (NDAs) are being misused to silence workers who have been subjected to sexual harassment, […]

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Victoria’s planning shake up: What developers need to know

Victoria is on the cusp of its most transformative planning reform in decades. The Planning Amendment Better Decisions Made Faster Bill 2025 (Bill) aims to modernise the Planning and Environment Act 1987 (Act), streamlining approvals, reducing delays and accelerating housing delivery. These sweeping changes will directly affect landowners and developers, altering permit application processes, planning […]

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Consumer Express | October 2025 Edition

In the October 2025 edition of Consumer Express, we explore the latest legal and regulatory developments impacting the consumer sector, with a focus on the emerging trends and challenges our clients are navigating. This edition covers the continued growth in online retail spending, driven by the rise of mobile-first shopping experiences, as well as the […]

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