News & Blog

Stay up-to-date with interesting perspectives from the team at McCabes.

Get ready – your business is probably caught by Europe’s new data protection laws.

Published by Jimmy Gill - Principal
May 25, 2018
The European Union (EU) has introduced the General Data Protection Regulation (GDPR). The GDPR introduces a new set of rules around data processing and privacy. The rules are fairly prescriptive, and apply broadly to businesses around the world, including many Australian businesses.   What is happening? The European Union has introduced new data protection laws… View Article
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Pokémon pops Redbubble in the Federal Court

Published by Jimmy Gill - Principal
Apr 10, 2018
One would assume that people would think twice before using Pokémon’s jealously guarded characters without Pokémon’s permission. However, as seen in the recent case of Pokémon Company International, Inc v Redbubble Ltd [2017] FCA 1541, some still try their luck.   How do you get images of Pikachu and Bulbasaur onto a t-shirt? You Pokém-on of course!… View Article
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Unfair Contracts – JJ Richards contract terms declared unfair

Published by Jimmy Gill - Principal
Dec 6, 2017
In its first decision under the new unfair contracts regime that extends to standard form small business contracts, the Federal Court has found several terms to be unfair, and therefore, void. In October we published an article on our website about pending court proceedings in which the Australian Competition and Consumer Commission (ACCC) was pursuing… View Article
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ACCC takes action to throw out rubbish small business contract terms

Published by Jimmy Gill - Principal
Oct 11, 2017
Introduced in November 2016, new provisions of the Australian Consumer Law prohibit businesses from inserting unfair terms into their standard-form contracts with small businesses. Until now, the new regime hasn’t been put to the test, but this month, the Australian Competition and Consumer Commission has put its money where its mouth is, and commenced proceedings… View Article
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Be intellectual about your property: key IP management tips for start-ups and growing businesses

Published by Jimmy Gill - Principal
Oct 11, 2017
It goes without saying that entrepreneurs want to grow their business as quickly and effectively as possible. However, many people fail to realise the integral role that intellectual property plays in the formation, expansion and protection of their business. We have put together five key tips to help you manage your intellectual property correctly from… View Article
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The connection conundrum: Do businesses have rights to the social media accounts or connections of their employees?

Published by Jimmy Gill - Principal
Jul 19, 2017
In a recent article we asked the question: who owns my social media content? In this article we take that enquiry one step further, and tackle the issue of ownership of the social media accounts themselves. Businesses are increasingly realising the value of social media, with platforms such as LinkedIn and Twitter often at the… View Article
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Who owns my social media content?

Published by Jimmy Gill - Principal
May 16, 2017
In 2017, an estimated 2.5 billion people will use social media, uploading roughly 300 million photos per day to Facebook alone. The volume of user generated content posted to social media is unprecedented, with many unaware of the legal implications online activity has on their intellectual property rights. What people don’t realise, is that although… View Article
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Keeping the pirates at bay: Federal Court orders internet service providers to block popular copyright infringing websites

Published by Jimmy Gill - Principal
Dec 19, 2016
In a landmark decision of the Federal Court last week, popular torrent file-sharing websites such as The Pirate Bay, Torrentz, TorrentHound and IsoHunt (the Websites) will now be blocked in Australia. Following the decision in Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503 (Roadshow Films), major Australian internet service providers (ISPs) must… View Article
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Coming clean: Woolworths fined $9 million for participating in detergent price-fixing

Published by Jimmy Gill - Principal
Jun 21, 2016
Woolworths has admitted to being ‘knowingly concerned’ in a laundry detergent price-fixing scheme that provided Woolworths with a total benefit of $4.36 million. The Federal Court accepted the joint submissions of Woolworths and the ACCC and ordered Woolworths to update its trade practices compliance programme and pay $9 million in fines.   Background This is… View Article
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