Wednesday - 13 February, 2008

Thursday - 18 October, 2007

Arising under or arising in connection with 


The House of Lords has declared that the time has come to do away with pettifogging legal distinctions between arbitrations clause that refer disputes arising under the agreement to arbitration and those that refer disputes arising in connection with (or relating to) the agreement. ...


Posted at 06:27 PM     Read More   |

Thursday - 27 September, 2007

Client legal privilege 


The ALRC has published a discussion paper on the rules which should apply for claiming client legal privilege in federal investigations.

According to the Press Release:

“Our research has identified 41 federal investigatory bodies—as well as Royal Commissions that are established from time to time—that have coercive information-gathering powers. Many of the laws governing these bodies provide no guidance about whether client legal privilege applies wholly or in part. In those laws that do address privilege, there is no consistency of language or approach.

“We propose that where privilege applies, there should be a consistent legal framework. Where Parliament determines that privilege should be abrogated, this should be on the basis of clear principles—that is, where there is a significant public interest, and where legal advice is central to the matters being investigated. Where it is abrogated, appropriate safeguards should be put in place about the subsequent use of the information disclosed.”

Accordingly, the Discussion Paper raises some 42 proposals to address this ...


Posted at 01:50 PM     Read More   |

Wednesday - 12 September, 2007

Privacy - a new statutory cause of action in the 'offing'?


The Australian Law Reform Commission has published a massive, 3 volume discussion paper on Australian privacy law and a 34 page "Overview" volume. 

According to the Media Release, it is the outcome of the largest public consultation process ever undertaken by the ALRC.  The list of proposals and questions runs to 68 pages.

“The clearest message from the community is that we must streamline our unnecessarily complex system. The federal Privacy Act sets out different principles for private organisations and for government agencies. On top of that, each state and territory has its own privacy laws or guidelines and some also have separate laws on health privacy.

“The ALRC is proposing there be a single set of privacy principles for information-handling across all sectors, and all levels of government. This will make it easier and less expensive for organisations to comply, and much more simple for people to understand their rights.


Posted at 02:36 PM     Read More   |

Friday - 07 September, 2007

Shift happens 


YouTube video on where we are coming from and where technology, geography and population are taking us.

Start here.  Something to pause and reflect on.

Also a brilliant exhibition in beyond bullet points...



Posted at 03:44 PM     Read More   |

Friday - 31 August, 2007

Organise yourself online 


Netvibe, according to the Mac Lawyer, Netvibe is a wonderful way to make your whole electronic life accessible from wherever you can connect to the internet from one home page.

It's not just for those of us who don't think in beige boxes either ...


Posted at 01:49 PM     Read More   |

Friday - 22 June, 2007

IPwar's has moved ... 


... to www.ipwars.com


Posted at 04:48 PM     Read More   |

Thursday - 14 June, 2007

The answer is in the machine 


(I hope).

IPwar's is experiencing some (temporary) technical problems with the transition to a software upgrade.


Posted at 09:49 AM     Read More   |

Friday - 01 June, 2007

40 years ago


Sgt Pepper taught a band to ...


Posted at 04:03 PM     Read More   |

Tuesday - 24 April, 2007

Legal professional privilege


Following on from the HIH Royal Commission and the AWB inquiry, the ALRC has published a position paper on Client Legal Privilege and Federal Investigatory Bodies.

Posted at 04:56 PM     Read More   |

Wednesday - 13 December, 2006

Posner in Second Life (or the perils of being a copyright professor)


A transcript of Judge Posner's soiree in Second Life is now available and, according to Prof. Patry 3 copyright subjects were touched on: parody/satire, fiction derivative works and the reproduction of architecture in, er, cyberspace.

Posted at 03:18 PM     Read More   |

Tuesday - 12 December, 2006

ALRC privilege inquiry


The Attorney General has asked the ALRC to inquire into and report on the application of legal professional privilege to the coercive information gathering powers of Commonwealth bodies (such as the ACCC, AFP, ASIC and the ATO) ...

Posted at 11:32 AM     Read More   |

Wednesday - 06 December, 2006

What the real digerati will be doing on St Nik's day


In homage to the Saturnalia (whether intended or not), donning their avatars and listening to Judge Posner's avatar speak in Second Life, as Marty says, not "on" Second Life ...

Posted at 05:09 PM     Read More   |

Wednesday - 09 August, 2006

Reading US judgments


For those of us brought up in the Anglo-Commonwealth tradition of the common law, US judicial opinions are often a bit surprising.

Between Lawyers provide a link to Orin Kerr's "How to Read a Judicial Opinion: A Guide for New Law Students" (pdf) which, Dennis Kennedy says ...

Posted at 09:32 AM     Read More   |

Wednesday - 26 July, 2006

IPwar's back soon


Some time after

Posted at 05:50 PM     Read More   |

Monday - 26 June, 2006

ACIP members


Apparently, the Government is inviting applications for membership of ACIP.

Posted at 07:29 PM     Read More   |

Tuesday - 20 June, 2006

Independent IP network


Solo and small IP practitioners in the UK have set up a forum for networking which allows those who join to post questions on comment on issues of common concern.

Posted at 06:03 PM     Read More   |

Friday - 09 June, 2006

Talk to your computer


Apparently, Word for Windows 2003 comes equipped with a functional voice recognition capability that works ...

Posted at 03:12 PM     Read More   |

Saturday - 27 May, 2006

Do not call bill


How often do you get those annoying calls where you answer the phone and after a few seconds delay some does (not) try to sell you something?

Posted at 01:39 PM     Read More   |

Monday - 10 April, 2006

Chronology


On why you should prepare a chronology and ...

Posted at 01:57 PM     Read More   |


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