When software delivers a therapeutic benefit: regulation of digital therapeutics

Digital therapeutics are defined as evidence-based therapeutic interventions that are driven by software programs to prevent, manage or treat a medical disorder or disease. As medical technological innovation continues at pace, more software applications and devices are under development to inform, drive or replace clinical decisions or directly provide therapy to a patient. The Therapeutic […]

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ASIC provides ‘no action’ relief for conducting virtual meetings and delayed AGMs

After the Federal Government’s proposed legislation to extend the temporary relief for corporations to conduct virtual meetings stalled in the Parliament, we speculated in our recent update as to whether ASIC would issue a ‘no action’ position, electing not to take regulatory action against companies conducting virtual meetings despite requirements to do so in the […]

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COVID-19 | No extension to temporary reforms to permit electronic signing of company documents

In a blow for advocates of efficiency (both technological and practical), the temporary reforms under Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 (Determination), which had permitted the conduct of virtual meetings, electronic execution of documents and split execution of documents under section 127 of the Corporations Act 2001 (Cth) (Act) expired on 21 March 2021. Unless, and until, a replacement relief […]

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Webinar | Cyber Triple Breach Challenge – Forensics, comms, legal. Are you ready?

Cyber security should be a priority for every business, and this has never been more relevant than during the current COVID-19 disruptions.  Are you fully aware of the threats? What are they, how do you manage them, how do you respond to and recover from a cyber breach event? During this one hour webinar session, […]

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High Court adopts Exhaustion Doctrine for patent products, jettisoning the ‘implied licence doctrine’ in Australia

On 12 November 2020 the High Court delivered its much anticipated decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA (Calidad v Seiko). This decision is about patent rights and the extent to which they apply following the first sale of patented goods to a purchaser. When a patented product is first sold, […]

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If it walks like a duck… Telstra’s new payphones and what they mean for the streetscape

If it walks and quacks like a duck, it’s probably a duck… This is what the Full Court of the Federal Court decided in considering whether or not Telstra’s new payphone cabinets, which feature large digital billboards, constituted ‘low-impact facilities’ (which would be exempt from State and Territory planning laws).[1] Importance of decision The decision […]

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Doing Business in Australia

The revised 2020 edition of Gadens’ Doing Business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, and practical advice on how to go about setting up and doing business in Australia. The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, a robust, […]

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FMCG Express | October Edition

2020 continues to be an interesting year with COVID-19 still impacting our lives and businesses, although we are cautiously optimistic that we may be turning a corner here in Australia. In this edition of FMCG Express, we bring you some useful COVID-19 reading as we grapple with the ongoing effects of the pandemic and look […]

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HealthEngine decision: understanding the overlap between privacy and consumer laws

We have seen a recent overseas trend by EU and US based competition regulators to address privacy related matters within a broader competition context. This is not something we have seen occurring in Australia to any great extent although the recent introduction of the Consumer Data Right has seen both the Office of the Australian […]

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Senate Select Committee on Fintech and Regulatory Tech publishes interim report

The need for permanent corporate law reforms for virtual company meetings and electronic communications and signatures by companies – Senate Select Committee inquiry on Financial Technology and Regulatory Technology interim report and recommendations. In September 2020, the Senate Select Committee inquiry on Financial Technology and Regulatory Technology (Committee) released its interim report. The preliminary recommendations […]

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The Singapore Convention Has Now Entered Into Force

Purpose One of the major roadblocks for parties contemplating mediation of cross-border commercial disputes has been the uncertainty, cost and/or delay in enforcing a breach of a term of mediated settlement agreement. This has often resulted in parties to a commercial cross-border dispute resorting to court/curial focused litigation or indeed foreign arbitral proceedings which are […]

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Webinar | Cyber Security in 2020

The Victorian Society for Computers and the Law (VSCL) and the North American Australian Lawyers Alliance Incorporated (NAALA) present Cyber Security in 2020. Moderated by Paul Cenoz, President of the NAALA, the panel navigated an insightful discussion of the current state of cyber security, including Australia’s Cyber Security Strategy 2020; best practice in regards to […]

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