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New Industrial Manslaughter Laws to come into effect in Victoria

The Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 (workplace manslaughter laws) received royal assent on 3 December 2019 to amend the Occupational Health and Safety Act 2004 (OHS Act) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). The new workplace manslaughter laws will commence on a day to be proclaimed…

VCAT Lessons: Owners Corporation Deadlock and Unreasonable Co-owners

The recent Victorian Civil and Administrative Tribunal (VCAT) decision of Borik v Owners Corporation RP001439 (Owners Corporation) [2019] VCAT 1459 is an excellent reminder of the challenges that co-owners can face when dealing with each other in relation to their common property. In his reasoning, Member Ussher provides useful insight into how the Tribunal will approach breaches of the model rules in the context of a ‘dysfunctional’ owners corporation.

VICTORIAN LABOUR HIRE LICENSE REGISTRATION AMNESTY PERIOD

The Labour Hire Authority has advised that they are accepting late labour hire license applications from compliant providers (without penalty).

Don’t Bank Your Reputation On Generic Terms: “COMMUNITY BANK” Removed From Trade Mark Register

The Federal Court has ordered that two “Community Bank” trade marks of Bendigo and Adelaide Bank be removed from the register due to a lack of distinctiveness and a lack of evidence of use prior to filing almost 20 years ago. This case highlights that even long registered trade marks consisting of common terms may be at risk if they were not sufficiently distinguishable from the goods and services of other traders at the time they were filed.