Recent Publications

• ASX Corporate Governance Council encourages diversity

  Date: 03 Aug 2010

  In light of CAMAC’s report in 2009, the ASX CGC concluded that the Principles should be amended to promote greater diversity, particularly gender diversity, in the workforces and boards of ASX-Listed companies.
• Copyright Update: Larrikin awarded 5% royalties for use of Kookaburra

  Date: 02 Aug 2010

  Having determined that Larrikin Music Publishing (Larrikin) was entitled to damages under the Trade Practices Act 1974 (Cth) for the respondents’ misrepresentations, the latest round of proceedings in Kookaburra centred on the determination of the percentage of that interest, and any other entitlement that Larrikin might have, to collecting society income (Australasian Performing Right Association (APRA) and Australasian Mechanical Copyright Owners Society (AMCOS)) in relation to the exploitation of 1979 and 1981 versions of “Down Under”.
• Corporate reporting reform and changes to dividend distributions and financial year end dates

  Date: 23 Jul 2010

  The Corporations Amendment (Corporate Reporting Reform) Act 2010 (Cth) (Amendment Act) received Royal Assent on 28 June 2010. The Amendment Act amends the provisions of the Corporations Act 2001 (Cth) (Act) with respect to financial reporting obligations of companies limited by guarantee and parent entities, the mechanisms by which a financial year end date can be changed and the distribution of dividends. These changes, excluding those applicable only to companies limited by guarantee, are described in more detail.
• New Australian Foreign Investment Policy

  Date: 14 Jul 2010

  The new Australian Foreign Investment Policy was published by the Foreign Investment Review Board (FIRB) on 30 June 2010. There are certain noteworthy differences between the New Policy and the previous foreign investment policy which was published in April 2007. These changes relate to investments by foreign governments, foreign investments in the media sector and the factors that play a part in whether a proposal is deemed to be contrary to Australia’s national interest.
• Do Your Employees Twitter?

  Date: 17 May 2010

  Twitter (and other Internet social media sites) raise a thorny issue for employers. It is one thing for employers to block the use of social networking sites from work computers and many do this but to what extent can or should an employer control or influence an employee’s private use of social networking?
• Paid Parental Leave - What do employers need to do?

  Date: 11 May 2010

  The Government has now released draft legislation to implement its paid parental leave scheme.
• Will your new enterprise agreement pass the test?

  Date: 05 May 2010

  Employers and their representatives must be careful to follow the new provisions in the Fair Work Act 2009 (Cth) when making and lodging an enterprise agreement, or they risk having their proposed agreements rejected by Fair Work Australia (FWA).
• Supreme Court Ruling Refers Directors to ASIC

  Date: 12 Mar 2010

  Justice Robert McDougall recently handed down his judgment in proceedings brought by Resource Equities Limited (REL) against two former directors. The judgement puts Directors on notice as in addition to imposing civil penalties under the Act, the courts can refer matters to ASIC and criminal proceedings may be considered.
• Australian Health Law Bulletin. Vol 18 No 1 & 2 2010

  Date: 03 Feb 2010

  Using evidence from interested 'experts' and working out causation involving increased risks: Sydney South West Area Health Service v Stamoulis [2009] NSWCA 153; BC200906518
• DibbsBarker acts for QRxPharma Ltd on its A$21.6 million fully underwritten capital raising

  Date: 18 Nov 2009

  DibbsBarker has acted for QRxPharma Limited (ASX: QRX) in its underwritten institutional placement raising A$8.0 million which was significantly oversubscribed. The company also undertook a fully underwritten 1 for 5 renounceable rights issue to raise a further A$13.6 million. The combined placement and rights issue will raise A$21.6 million.
• Using mediation in situations of withholding or withdrawing life - sustaining treatment: A New South Wales perspective

  Date: 27 Aug 2009

  DibbsBarker article in the Journal of Law & Medicine
• IP & Technology Newsletter - June 2009

  Date: 30 Jun 2009

  In this edition: Court Halts Release of Generic Antidepressant; The Importance of Intellectual Property Due Diligence in Insolvency; Full Federal Court Clarifies Test for Novelty Concerning Patents for Enantiomers; Australian Innovation Set To Triumph in the Tough Times Ahead; Innovative Tax Reforms; Trade Mark Alert: Beware Of Trade Mark Scams; and Ad-Venturous Australia – From Boom Times to Tough Times for Innovation
• IP Alert June 2009

  Date: 17 Jun 2009

  There is something for everyone in the majority decision of the Full Federal Court on Alphapharm’s appeal in its fight with Lundbeck over Lundbeck’s patent for the antidepressant drug escitalopram.
• IP Alert June 2009

  Date: 05 Jun 2009

  On 3 June 2009, Justice Sundberg granted an interlocutory injunction in the latest patent stoush between a pharmaceutical innovator and a generic pharmaceutical company. The decision in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth continues the recent trend towards granting interlocutory injunctions in pharmaceutical patent cases.
• Insurance Alert

  Date: 14 Apr 2009

  Loss of the chance – denial of recovery of damages for possibilities and lost chances – Gett v Tabet [2009] NSWCA 76
• IP Update February 2009

  Date: 16 Feb 2009

  Interlocutory Injunctions in Pharmaceutical Patent Cases
• Transfer of .AU Domain Names

  Date: 24 Apr 2008

  Are you sitting on a hoard of potentially valuable .au domain names that you no longer use? Do you secretly covet a .au domain name held by someone else? You may be able to benefit from an upcoming change in the policies governing the transfer of .au domain names.