Allens

Allens is an international top-tier commercial law firm with offices offices throughout Australia and Asia. Allens is an independent partnership operating in alliance with Linklaters LLP. The firm boasts some of the world's longest ongoing client relationships, stretching back more than 170 years.

Latest from Allens - Page 2

Be careful when relying on algorithms and AI 8 min read The Full Federal Court has upheld an appeal by the Australian Competition and Consumer Commission relating to the use of Google Ads by Employsure Pty Ltd, finding they gave the impression that its employment advice service would be provided by a government agency, rather than a private company. ACCC v Employsure Pty Ltd is an important reminder to be cautious when relying on features…
In brief 3 min read The full bench of the Fair Work Commission (FWC) has issued a provisional view that it is open to adding loaded rates to the Hospitality Industry (General) Award 2020 (Hospitality Award). If introduced, loaded rates would replace overtime and penalty rates for higher-paid (level 3 and above) hospitality workers with a higher ‘rolled-up’ rate. Key takeaways After the Minister for Industrial Relations on behalf of the government asked the FWC…
In brief 3 min read On 5 August 2021, the ACT Legislative Assembly passed the Work Health and Safety Amendment Bill 2021 (the Act). Once commenced, the Act will:   move the existing industrial manslaughter offence from the Crimes Act 1900 (ACT) (Crimes Act) into the Work Health and Safety Act 2011 (ACT) (WHS Act); broaden the circumstances where industrial manslaughter charges may be brought – to include, for example, where action or conduct causes…
In brief 3 min read The Federal Court has found that Qantas engaged in unlawful adverse action when it decided to outsource approximately 2000 ground handling jobs last year. How does this affect you? In another decision highlighting the impact of the pandemic, it’s important that employers continue to consider how changes made to deal with the financial and operational effects of COVID-19 will work alongside existing employment law obligations. The decision is a reminder…
In brief 3 min read A recent decision of the Victorian Supreme Court of Appeal has confirmed that prior overseas service will only count as ‘continuous employment’ for long service leave accrual where the overseas service had a connection with Victoria at the time it was performed.1 Key takeaways For a period of continuous service performed outside Victoria to count as ‘continuous employment’ for the purposes of the Long Service Leave Act 2018 (Vic)…
In brief 3 min read The Federal Court has rejected a bid by Comcare to recover nearly $680,000 from a former Australian Federal Police (AFP) officer in incapacity payments after she received a $1.25 million payment from the AFP to settle her sexual harassment and discrimination complaint.1 Key Takeaways Employers should be aware that a lump sum amount paid to settle an employee’s claim or complaint may not constitute “damages” for an injury for…
The ACCC has started the debate on an overhaul of Australia’s merger control regime The Australian Competition and Consumer Commission (ACCC) has released its vision for a dramatic overhaul of Australia’s merger review regime. The ACCC is concerned that Australia’s current merger laws are not ‘fit for purpose’ and that the current merger review regime is hampering the ACCC’s ability to block anti-competitive acquisitions.   Merger reform has been on the agenda in Australia for…
Diagnostic methods are patentable in Australia 4 min read In Ariosa Diagnostics, Inc & Ors v Sequenom, Inc [2021] FCAFC 101, the Full Federal Court delivered significant clarity for companies who provide or conduct diagnostic tests. The Full Court confirmed that diagnostic methods are patentable in Australia, and that where a company uses offshore testing and has the results sent to Australia, there is no infringement. Key takeaways  Diagnostic methods, including methods that utilise conventional…
A fresh reminder to agree and document positions on IP 4 min read The Federal Circuit Court provides a fresh reminder of the need for businesses in the creative industry to agree and clearly document positions on intellectual property (IP). A videographer who made a video under commission, without agreeing the IP position with the commissioner, found out that it was not the copyright owner in the video. Although the parties later signed a retrospective…
In brief 2 min read In this article, we take you to our publications to date that explore important issues around IP rights in the COVID-19 pandemic. IP rights in the spotlight With the timely supply of effective COVID-19 vaccines insufficient to meet global demand, there has been speculation that the compulsory licence and Crown use (or government authorisation) provisions would be invoked. This from the early stages of the pandemic has thrust IP rights…