Recent News Articles by Thomas:

Code of Silence: Wassmuth v Commissioner of Police

My current practice does not involve any sort of criminal law, although a recent decision of the Queensland Court of Appeal did pique my interest, because it touches upon the intersection of technology and the "right to remain silent", a fundamental and longstanding common law right.

In the decision, the Court quashed the conviction of a woman who was charged and convicted of the offence of “disobeying a lawful order” after she refused to provide access information to her mobile phone pursuant to a search warrant.

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CNN and Acosta sue Trump, White House

  • "Defendants initially claimed that they revoked Acosta’s press pass because he 'plac[ed] his hands” on an intern. That contention is not accurate. The President himself has stated that the Acosta’s conduct was not “overly horrible” and that Acosta’s credentials were actually suspended because he failed to “treat the White House with respect'".
  • "The sole justification for Defendants’ conduct is their dislike for Plaintiffs’ coverage of the administration and critique of the President. But that is insufficient to justify such a substantial restriction on Plaintiffs’ First Amendment rights".
  • "Defendants did not provide Plaintiffs an opportunity to be heard before revoking Acosta’s press credentials. Nor have they provided him any avenue to challenge or appeal the revocation of his credentials. Rather, Defendants have stated that they do not plan to ever rescind the revocation of Acosta’s credentials".

Read the cracker of a lawsuit filed by CNN, here.

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That’s a lot of beans: Heinz ordered to pay $2.25 million for contravening the Australian Consumer Law

Up to May 2016 Heinz sold a “Little Kids Shredz” brand of products (pictured in body of article). The products were displayed in the children’s sections of major supermarkets and sold to parents and carers of children aged 1 to 3 years.

Justice White of the Federal Court found that Heinz had, in respect to the sale of the products, conveyed representations that were misleading or deceptive, and which thereby contravened the Australian Consumer Law.

On 24 August Heinz was ordered to pay the Commonwealth of Australia $2.25 million by way of a penalty and, within 3 months, establish a consumer protection law compliance program, to be maintained and administered for 3 years.

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VIDEO: What the heck is going on with SICK LEAVE ENTITLEMENTS in Australia?

AstraZeneca is a global pharmaceutical company. Its Australian operations comprise manufacturing, sales, and distribution, and it has a large Australian workforce.

The Australian Workers' Union filed an application against AstraZeneca in the Fair Work Commission, for a decision on the question "[i]s AstraZeneca's current approach to the accrual and deduction of personal/carer's leave for employees ... consistent with the National Employment Standards?".

AstraZeneca lost.

The decision will have significant consequences for Australian shift-workers and employers of shift-workers.

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Beware: Construction contracts and ipso facto insolvency reforms

Where a contractor, such as a builder or sub-contractor, suffers from an event of insolvency or is actually insolvent, most standard building contracts currently grant a principal, such as an owner or head-contractor, “ipso facto” rights, such as the rights to suspend building works, call upon and enforce any security given by the contractor, and terminate the building contract.

Insolvency reforms to take effect on 1 July 2018 will instead prevent the enforcement of ipso facto rights, to provide opportunities for insolvent companies to restructure.

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Bethesda sues Warner Bros. over video game "blatant rip-off"

I’m a huge nerd. I love my video games.

Published is a copy of the lawsuit obtained by Polygon, filed by Bethesda Softworks against Warner Bros. Entertainment on 21 June in the Maryland US District Court.

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Full Archive of News Articles by Thomas: