Wednesday - 13 February, 2008Thursday - 18 October, 2007Arising under or arising in connection withThe 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. ... Thursday - 27 September, 2007Client legal privilegeThe 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 ... Wednesday - 12 September, 2007Privacy - 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. Friday - 07 September, 2007Shift happensYouTube 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... Friday - 31 August, 2007Organise yourself onlineNetvibe, 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 ... Friday - 22 June, 2007Thursday - 14 June, 2007The answer is in the machine(I hope). IPwar's is experiencing some (temporary) technical problems with the transition to a software upgrade. Friday - 01 June, 2007Tuesday - 24 April, 2007Legal professional privilegeFollowing 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.
Wednesday - 13 December, 2006Posner 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.
Tuesday - 12 December, 2006ALRC privilege inquiryThe 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) ...
Wednesday - 06 December, 2006What the real digerati will be doing on St Nik's dayIn 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
...
Wednesday - 09 August, 2006Reading US judgmentsFor 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 ... Wednesday - 26 July, 2006Monday - 26 June, 2006ACIP membersApparently, the Government is inviting
applications for membership of ACIP.
Tuesday - 20 June, 2006Independent IP networkSolo 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.
Friday - 09 June, 2006Talk to your computerApparently, Word for Windows 2003 comes
equipped with a functional voice recognition capability that works
...
Saturday - 27 May, 2006Do not call billHow 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?
Monday - 10 April, 2006 |