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Publications on this website are provided as a service to clients, colleagues, and others for general information only. This information is not designed to provide legal or other advice or create a lawyer-client relationship. You should not take, or refrain from taking action based on its content.

New Bail Act

Today, the new Bail Act 2013 (“the new Act”) will commence, replacing the Bail Act 1978. The new Act contains many significant changes in the manner in which someone will be treated when they appear before a Court seeking to be released from police custody on bail. Whilst the new Act streamlines and appears to simplify the bail process, we believe it may also increase an accused person’s prospects of being granted bail, however it is yet to be tested by the Courts. The most significant changes in the new Act when compared to the Bail Act 1978 are: 1. What was formally known as a ‘bail application’ has been replaced with a ‘release application’. 2. The Police and/or the Courts when making a d

Business Blogging

Do you have a blog or intend to create a blog for your business? A recent decision of the Federal Court of Australia may be relevant to you. The case of Nextra Australia Pty Ltd v Fletcher (2014) dealt with an injunction sought by Nextra Australia (a newsagency franchisor) against Mark Fletcher (a director of NewsXpress - a competing newsagency franchisor). Background On 27 April 2011, Mr Fletcher published an article on his blog that attacked a flyer that had been put out by Nextra for newsagents. In the article he alleged that Nextra had misled newsagents and that the flyer was designed to create fear to generate interest in Nextra as an alternative francisor to others in the market. Nextr

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