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DomesticAndFamilyViolence in NTLawHbk
Domestic and family violence and This section is currently being updated to include changes flowing from the Justice Legislation Amendment (Domestic and Family ...
ContractsAndConsumerProtection in NTLawHbk
Contracts and consumer protection , and How does contract and consumer law help you? People make contracts every day, but may not realise it. For example, buyi...
Adoption in NTLawHbk
3.7 Adoption and Adoptions in the Northern Territory are covered by two Acts. The Adoption of Children Act 1994 (ACA), which deals with: * adoption procedure...
ContactPoints in NTLawHbk
Contact points Aboriginal Areas Protection Authority Alice Springs 1st Floor, 44 Bath Street, Alice Springs, NT GPO Box 1890, Darwin, NT 0801 Tel: 8951 5023 Fax...
BuyingAndSellingRealEstate in NTLawHbk
Buying and selling a house and This section aims to be a general guide to buying and selling a house and does not contain enough information for a person to dra...
Protection in NTLawHbk
Protection of banks and Need for protection Banks handle thousands of cheques every day and, therefore, it is understandable that they do not examine every che...
BuyingOnCredit in NTLawHbk
Buying on credit and In this section we use a number of different terms to mean the same, or at least, very similar thing. The main terms to be familiar with ar...
Bankruptcy in NTLawHbk
Bankruptcy and Bankruptcy is a method that enables some control to be taken over a debtor's affairs, so that their financial disaster can be brought to an end, ...
BankingIntroduction in NTLawHbk
Introduction and Dealing with a bank is, in many respects, similar to dealing with any other business. A bank offers services, which a customer may choose to us...
Banking in NTLawHbk
Bank accounts and Opening an account Under the Financial Transactions Reports Act 1988 (Cth) (FTRA) it is an offence to open an account in a false name. As suc...
Debts in NTLawHbk
Debts and A debt exists when one person, the debtor, owes money to another, the creditor. Unpaid electricity or telephone bills, doctor's fees and credit card a...
WebNotify in NTLawHbk
* .WikiGuest * .DorothyFauls: * * .RussellGoldflam: AlcoholAndTheLaw
AlcoholAndTheLaw in NTLawHbk
Alcohol and the law and The law regulates the way that alcohol is provided and consumed in the NT. This section contains only information that relates to the wa...
ChildWelfare in NTLawHbk
Well being of children and The Care and Protection of Children Act, 2009 (NT) (CaPoCA) aims to promote the well being of children including: protecting them fro...
DealingWithLawyers in NTLawHbk
Dealing with lawyers and The word lawyer is a general term applied to solicitors and barristers and anyone else admitted by the Supreme Court. A person with a l...
LegalAid in NTLawHbk
Legal aid and Many people can't afford the services of a lawyer. Legal aid makes it possible for those people to get legal advice or help to present claims in c...
AdultGuardianship in NTLawHbk
Adult guardianship and About guardianship What is guardianship? Guardianship is the framework that gives legal authority to a guardian to make decisions on be...
NTLawHandbook in NTLawHbk
Northern Territory Law Handbook Welcome to the Northern Territory Law Handbook: an easy to read guide to law in the Northern Territory. This approach to providing...
HealthInsurance in NTLawHbk
Health insurance and Types of health insurance Medicare is a taxpayer funded health cover scheme that gives all permanent Australian residents a basic level of...
HealthConsumerRights in NTLawHbk
Health consumer rights and Health law in the NT is governed by a myriad of NT legislation, Commonwealth legislation and the common law. This section deals only ...
CouplesWhoAreMarried in NTLawHbk
3.2 Couples who are married and This section covers issues that married couples may face. These include validity of marriage, property settlement, divorce and s...
ElderAbuse in NTLawHbk
Elder abuse , and PLEASE NOTE: THIS CHAPTER IS IN DEVELOPMENT FOR THE NT CONTEXT. IF YOU HAVE QUESTIONS ABOUT ELDER ABUSE, PLEASE CALL THE ELDER ABUSE INFORMATI...
FamilyRelationshipCentres in NTLawHbk
Family Relationship Centres and Family Relationship Centres are a first port of call when families want information about relationship and separation issues. Th...
NationalDisabilityInsuranceScheme in NTLawHbk
National Disability Insurance Scheme 24 Aug 2018 12:49 Version 4 DorothyFauls and The National Disability Insurance Scheme (NDIS) was established in 2013...
FindingTheLaw in NTLawHbk
Finding the law and Finding the law isn't always easy. Even lawyers sometimes have difficulties. In recent years several useful books for lay people have been p...
Interpreters in NTLawHbk
Interpreters and It is essential that anyone who has difficulty effectively communicating in English has the services of an interpreter in any legal situation. ...
CostsAndFeesForFamilyLawActions in NTLawHbk
Costs and fees for family law actions and Generally, each party to proceedings under the FLA pays their own costs s.117 . If the court thinks it is justified, ...
System in NTLawHbk
%IF{"$WEBSUMMARY = ''" then=" "}% * Table of contents About the Handbook The Northern Territory Law Handbook ('the Handbook') has been developed as an easy t...
TelecommunicationPostalConsumers in NTLawHbk
7.5 Telecommunications and postal consumers Telecommunications regulatory framework There are a number of laws, regulations and industry codes that regulate how ...
OffencesAgainstPublicOrder in NTLawHbk
  Offences against public order and Offences against police Under the Criminal Code it is an offence to assault, resist or hinder a police officer who is ac...
NationalSecurityAndAntiTerrorism in NTLawHbk
20.6 National security and anti terrorism laws and Since 2002, Commonwealth, State and Territory Governments have passed a range of anti terrorism laws. Support...
BuyingABusiness in NTLawHbk
Buying a business and There are some advantages to buy an existing business rather than starting from scratch. Some of the advantages include: * the business...
Renting in NTLawHbk
Renting and AndrewSmith and Current to 1 July 2018 Renting, or tenancy, is a tenant's right to occupy premises based on their legal relationship with their landl...
CourtsAndTribunals in NTLawHbk
Courts and Tribunals and Most courts in Australia hear both civil and criminal cases. Tribunals, commissions and other bodies settle disputes in other areas, su...
WebPreferences in NTLawHbk
NTLawHbk Web Preferences Appearance * Set WEBBGCOLOR = #efefef * web specific background color, current color * Set SITEMAPLIST = off * *...
Employment in NTLawHbk
Employment , and Introduction This section provides information about employment law in the Northern Territory, and covers: * Where employment rights come fr...
WorkRelatedInjury in NTLawHbk
Work related injury and Northern Territory Scheme In the Northern Territory, a worker who suffers an injury or illness resulting in their incapacity to work, r...
ComplaintsAboutPolice in NTLawHbk
Complaints about police and In the NT there is a system available to members of the public who wish to complain about the NT or Federal Police. This section out...
BrittanyMyers in NTLawHbk
.BrittanyMyers 25 Jun 2018
WebBottomBar in NTLawHbk
WebBottomBar Default WebBottomBar component. Please do not modify. Use .WebBottomBar instead. %IF{"'' ingroup 'AdminGroup'" then=' %FORMATLIST{ "%FLEXWEBL...
WebMenu in NTLawHbk
WebMenu Definition of site wide horizontal menu Implementation %IF{"'' ingroup 'AdminGroup'" then="$percntINCLUDE{\".SiteMenu\" section=\"admin...
ComplaintsAboutGovernmentAdministration in NTLawHbk
Complaints about government administration and Administrative law is the body of law that applies to the administrative actions and decision making processes of...
CouplesWhoAreNotMarried in NTLawHbk
3.3 Couples who are not married and People in de facto relationships (be they heterosexual or same sex couples) now have very similar rights when it comes to fa...
ParentingAfterSeparation in NTLawHbk
Parenting after separation and The law governing parenting after separation is contained in the Family Law Act 1975 (FLA). Children don't have to be the childre...
AlternativeDisputeResolution in NTLawHbk
Alternative Dispute Resolution and As a society we tend to leave disputes unresolved until they reach major proportions. Also, we rely on courts, lawyers and le...
YoungPeopleAndCrime in NTLawHbk
and In the Northern Territory, anyone over the age of 10 can be charged with a criminal offence. People aged between ten and 18 who are charged with a criminal o...
ChildrensRightsAndResponsibilities in NTLawHbk
Children's rights and responsibilities and Introduction Australia ratified the United Nations Convention on the Rights of the Child in 1990. See http://www.ohc...
CommonProblemsInNeighbourhoods in NTLawHbk
Common problems in neighbourhoods and Disputes between neighbours can arise over all sorts of issues, ranging from the exact position of boundaries to noisy chi...
ChildrenAndYoungPeople in NTLawHbk
ABBREVIATIONS USED IN THIS CHAPTERBDM: Registrar of Births, Deaths and MarriagesBDMRA: Births, Deaths and Marriages Registration Act 1997CCA: Criminal Code ActCEO...
WhatIsTheLaw in NTLawHbk
What is the law? and It seems that there are as many answers to this question as there have been philosophers who have examined it. However, law is traditionall...
CommunityOrganisations in NTLawHbk
Community organisations and Community organisations provide a vast array of services and activities within our community and can be a sporting or social club, a...
SharedOwnership in NTLawHbk
5.5 Shared ownership and Everyone lives communally. Even citizens who own freehold blocks in the suburbs or rural areas have to adapt their living patterns to t...
NamingAChild in NTLawHbk
Naming a child and This section deals with the law as it relates to naming children. It also contains some practical information about how to add details to reg...
ChangingNames in NTLawHbk
3.8 Changing names and A person's name is changed by registration of the change under the Births, Deaths and Marriages Registration Act (BDMRA). The Act provide...
ChangingTheLaw in NTLawHbk
and Not everyone in a community is going to agree with or accept every law that is passed. Individuals, groups or communities may have key concerns about particu...
OffencesAgainstProperty in NTLawHbk
Offences against property and Most offences against property in the Northern Territory are set out in Part VII of the Criminal Code Act. However, the Summary Of...
GovernmentHousingAssistance in NTLawHbk
5.2 Government housing assistance and The NT Government provides assistance to help people obtain affordable and appropriate housing. The main forms of assistan...
MentalHealth in NTLawHbk
Mental health and Unlike other users of the health system, those suffering or thought to be suffering from a mental illness or mental disturbance can be broug...
Childcare in NTLawHbk
4.3 Childcare and Childcare centres The Education and Care Services National Regulations 2011 apply to centre based long day care, family day care, preschool a...
Privacy in NTLawHbk
Privacy and Privacy laws only apply to some organisations Privacy laws regulate the way personal information should be collected, handled, or communicated. As ...
CorrectingInformation in NTLawHbk
Correcting information and You can apply to correct or amend personal information about yourself held by a NT public sector organisation or Federal agency ( NT...
FreedomOfInformation in NTLawHbk
Freedom of information and What is Freedom of Information? Freedom of Information (FOI) is a process which allows you to apply for and (subject to some exempti...
AboriginalLandNativeTitleAndHeritage in NTLawHbk
Aboriginal land, native title and heritage and The primary pieces of legislation regarding Aboriginal rights to land are the Aboriginal Land Rights (Northern Te...
PlanningAndDevelopment in NTLawHbk
Planning and development and The use and development of land is regulated by two statutory schemes, the first related to planning and the second to environmenta...
Pollution in NTLawHbk
Pollution and Pollution laws The laws in the NT relating to the regulation of pollution are contained in a range of Acts, regulations and by laws (mostly at th...
EnvironmentPlanningAndLandLaw in NTLawHbk
Environment, planning and land law and This chapter covers those areas of law that regulate: * our interaction with the natural environment * planning arr...
MigrationAgentsRegistrationScheme in NTLawHbk
Migration agents' registration scheme , and From 21 September 1992, anyone who uses knowledge of migration procedures to advise, make representations on behalf ...
Reviews in NTLawHbk
Reviews , and Appeals to the Administrative Appeals Tribunal Where the minister signs a deportation order against a permanent resident convicted of a crime (as ...
RemovalAndDeportation in NTLawHbk
Removal and deportation , and Who may be removed? Unlawful non citizens are subject to automatic removal from Australia under the Migration Act. All persons wi...
Citizenship in NTLawHbk
Citizenship , and The Australian Citizenship Act 1948 (Cth) was replaced on 1 July 2007 by the Australian Citizenship Act 2007 (Cth) ('ACA'). The new Act and Mig...
TheRefugeeAndHumanitarianProgram in NTLawHbk
29.4 The Refugee and Humanitarian Program Under Australia's humanitarian program approximately 13,000 visas are made available to people recognised as refugees or...
EntryByMigrants in NTLawHbk
29.3 Entry by migrants There is a lot of debate in the community about migration. The makers and supporters of Australia's migration policies argue that they are ...
ChangingStatus in NTLawHbk
29.2 Changing status A visitor or temporary resident in Australia may apply for a change of status to another temporary visa or a permanent visa. Whether the temp...
EntryToAustralia in NTLawHbk
Entry to Australia , and Visas Non citizens entering Australia are required to have visas, which are permits that can allow either temporary or permanent stay....
ImmigrationIntroduction in NTLawHbk
Please note: this area of law changes rapidly. Before relying on information provided here, it is advisable to seek professional advice from a Registered Migratio...
WhenSomeoneDies in NTLawHbk
When someone dies and The death of a loved one can be a very difficult time for friends and family. In particular, the task of making arrangements following the...
EstateDisputes in NTLawHbk
Challenging an estate and There are various ways in which a will or an estate can be challenged by a disappointed beneficiary or family member, such as: * Ch...
Estates in NTLawHbk
Estates and The law relating to estates is primarily governed by the Administration Probate Act (NT) (the APA). This section provides basic information on the...
Wills in NTLawHbk
Wills and A will is a legal document that sets out how a person's assets are to be dealt with on their death. Having a valid will enables people to choose who i...
AdvancePersonalPlanning in NTLawHbk
Advance Personal Planning and The Advance Personal Planning Act 2013 (NT) (APP Act) enables people to appoint alternative decision makers for care, welfare and ...
Complaints in NTLawHbk
Complaints and A person may complain to the ACMA if they believe Australians can access unlawful content online using an Australian ISP or Australian content ho...
TheMedia in NTLawHbk
The media and Media includes print (newspapers, magazines, newsletters); digital broadcast (radio, television and subscription television); and online via the i...
Remedies in NTLawHbk
Remedies and In a successful court action for defamation there are three possible common law remedies available: * damages * exemplary damages * injunc...
Defamation in NTLawHbk
Defamation and The tort of defamation focuses on damage to reputation and in the Northern Territory is covered by the Defamation Act 2006 (NT) ('Defamation Act'...
TrademarksDesignsAndPatents in NTLawHbk
Trade marks, Designs and Patents and Abbreviations used in this chapter : ACC: Australian Copyright Council : AMCOS: Australasian Mechanical Copyright Own...
Copyrights in NTLawHbk
Copyright and This section deals with the general principles and issues associated with the copyright laws, and the most commonly asked questions about copyrigh...
HumanRights in NTLawHbk
Human rights and Treaties binding on Australia Australia has agreed to be bound by a range of international human rights treaties. The seven key international ...
Discrimination in NTLawHbk
Discrimination and The area of discrimination is covered by both Territory and Federal laws. The Anti Discrimination Act (ADA) is the main piece of Northern Ter...
LegalActionsByPrisoners in NTLawHbk
Legal actions by prisoners and Criminal proceedings As well as the laws relating to managing prisons the criminal law generaly applies to prisoners and employe...
OnReleaseFromPrison in NTLawHbk
When should a person expect to be released from prison? and The Commissioner and the correctional facility must release a prisoner from the prison on their rele...
Prisoners in NTLawHbk
Prisoners and In the NT the main legislation governing prison matters is the Correctional Services Act 2014 NT (CSA) and Correctional Services Regulations 2014 ...
TheEffectsOfCriminalConvictions in NTLawHbk
The effects of criminal convictions and A person convicted of an offence may well find the hardship continues well beyond their prison sentence. Some of the con...
Sentencing in NTLawHbk
Sentencing and In the NT, over 90% of people accused of offences either plead guilty or are found guilty of at least some of the charges levelled against them. ...
GoingToCourt in NTLawHbk
Going to court and This section explains what happens when a person is charged with a criminal offence and taken to court. The laws in this area are contained i...
Bail in NTLawHbk
Bail and When a person is charged with a criminal offence, they are required to go before the appropriate court, usually the Magistrates or Supreme Court, to ad...
InvestigationAndArrest in NTLawHbk
Abbreviations used in this chapter: BA: Bail Act (NT)CCA: Criminal Code ActCDEP: Community Development Employment ProgramCSJ: Court of Summary JurisdictionDPP: Di...
Prostitution in NTLawHbk
Prostitution and The Prostitution Regulation Act (PRA), which came into force on 8 May 1992, regulates prostitution in the NT. The PRA distinguishes between esc...
RoadRulesAndTrafficOffences in NTLawHbk
Road rules and traffic offences and There are many laws governing how a person should behave when in control of a motor vehicle, motor cycle, bicycle, powered c...
DrugOffences in NTLawHbk
Drug offences and This section deals with the law relating to the misuse of drugs. The governing law in the NT is found in the Misuse of Drugs Act 1990 (MDA) an...
SexualOffences in NTLawHbk
Sexual offences and Sexual offences raise a range of potentially complex issues, including specific evidentiary provisions, procedural rules, sentencing and rep...
OffencesAgainstThePerson in NTLawHbk
Offences against the person and Introduction This chapter deals with common offences to be found in the Criminal Code Act (CCA) and other Acts commonly used to...
BusinessesStructuredForProfit in NTLawHbk
Businesses structured for profit and A person who wants to start their own business has available to them a number of different business structures, ranging fro...
DealingWithMoney in NTLawHbk
Community organisations dealing with money and There are four basic ways for a community organisation with limited funds to improve its financial position. Th...
Superannuation in NTLawHbk
Superannuation , and Superannuation is a long term savings and investment vehicle that provides tax advantaged retirement benefits for members and their dependen...
PublishPluginHistory in NTLawHbk
Publishing Details Publisher: AdminUser Date: 02 Sep 2016 16:26 Dir: /home/www/foswiki/pub/publish/ URL: http://austlii.community/foswiki/pub/publish// Web(s): ...
MakingAClaim in NTLawHbk
Making a claim and As soon as possible following the event giving rise to the claim, policyholders must: * inform the insurer of the incident. Notification m...
Insurance in NTLawHbk
Insurance and Introduction Insurance companies collect premiums from their customers to use to pay those customers who make claims under their insurance polici...
HealthAndCommunityServicesComplaints in NTLawHbk
Health and Community Services Complaints Commission (HCSCC) and The Health and Community Services Complaints Commission (HCSCC) is an independent statutory body...
VeteransEntitlements in NTLawHbk
Veterans' entitlements and The Federal Government has legislative schemes that both provide pensions for, and compensate, eligible defence and ex defence servic...
OptionsForAPersonWithAComplaint in NTLawHbk
Challenging administrative decisions and If an administrative decision is made that you disagree with, there are four main ways that you might be able to challe...
PensionsBenefitsAndAllowances in NTLawHbk
Pensions, benefits allowances and This chapter covers financial assistance payments made to individuals and families by the Federal Government. Payments are m...
InjuriesCausedByAnimals in NTLawHbk
11.5 Injuries and accidents caused by animals and Generally owners are liable for the actions of their animals (including pets) and, in certain cases, can be ch...
AccidentsOnPrivateAndPublicProperty in NTLawHbk
11.4 Accidents on private and public property and Accidents and injuries that happen on private or public property are sometimes caused by the conduct of others...
InjuriesAndDamageCausedByCrime in NTLawHbk
11.3 Injuries and damage caused by crime and Introduction As of 1 May 2007 the Victims of Crime Assistance Act (VCAA) applies to persons who claim compensation...
MotorVehicleAccidents in NTLawHbk
11.2 Motor vehicle accidents and This section is divided into three parts: * what to do after an accident * property damage * motor vehicle injuries. T...
HIVAIDS in NTLawHbk
10.2 HIV/AIDS and Acquired Immune Deficiency Syndrome or AIDS is the name given to the final stage of infection with the Human Immunodeficiency Virus (HIV). HIV...
BuyingOnlineOverTheInternet in NTLawHbk
7.6 Buying online over the internet and Online shopping can increase choice and lower costs for consumers. This chapter outlines consumer rights for online shop...
BuyingAMotorVehicle in NTLawHbk
Buying a motor vehicle and Buying a motor vehicle is a big step and it can be tricky, especially if you're buying a used or second hand vehicle. There are pitfa...
LossInjuryCausedByDefectiveProducts in NTLawHbk
7.2 Loss injury caused by defective products and This section deals with the laws relating to compensation claims for personal injury and injury to property c...
Building in NTLawHbk
5.6 Building and Legislative scheme In the NT, building work is regulated primarily by the following Acts: * Architects Act 1963 (NT) * Building Act 1993...
Parking in NTLawHbk
Parking and Parking Infringements Council Officers are authorised under the Local Government Act 2008 (NT) to enforce legislation that covers areas for which L...
DogsAndOtherAnimals in NTLawHbk
Dogs and other animals and In the NT a number of different sources of law affect dogs and other domestic animals. Some laws are found in NT legislation; some lo...
AgedCare in NTLawHbk
Aged care and Where to find information Comprehensive advice is available from the Commonwealth Government's online site: myagedcare. Go to http://www.myagedca...
Paternity in NTLawHbk
Paternity and PATERNITY TESTING Paternity of a child may be an issue in child support matters, family law matters and matters relating to wills and estates. Th...
RepresentingYourself in NTLawHbk
Representing yourself This section provides some basic information and advice for people who have to attend a court or tribunal or intend to go to court as one of...
LegalDocuments in NTLawHbk
Legal documents This chapter describes some of the documents commonly regarded as legal documents. Many others are not covered by this chapter, though some are de...
JuryService in NTLawHbk
Jury service and The Australian justice system works on the principle that people charged with certain crimes should be tried and judged by their peers. For thi...
DealingwiththeDepartmentofImmigrationandBorderProtection in NTLawHbk
Dealing with the DIBP , and Record keeping and timeframes Whenever you make contact with DIBP you should keep a note of the time and the name of the officer wi...
AttributionForm in NTLawHbk
Attribution Form This is a maintenance topic, used by the Wiki administrator. Name Type Size Values Tooltip message Attributes AustLII _Cont...
TrademarksDesignsAndPatentsCopy in NTLawHbk
Trade marks, designs and patents Abbreviations used in this chapter : ACC: Australian Copyright Council : AMCOS: Australasian Mechanical Copyright Owner's S...
FurtherInformation in NTLawHbk
Main.MichaelXia 11 Sep 2015
WebRss in NTLawHbk
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Websitedesign in NTLawHbk
Main.JonathanMo 14 Sep 2015 Website design The design and/or layout of a website can be protected by copyright. This is quite separate from copyright ownership o...
Wellknowntmcertdefcollectivetm in NTLawHbk
Main.JonathanMo 14 Sep 2015 Well known marks certification, defensive and collective marks Apart from the general procedure for registration of a trade mark, t...
Whatconstitutesinfringementcopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 What Constitutes an Infringement of Copyright? In simple terms, the copyright in a literary, dramatic, musical or artistic work or re...
Whatdoescopyrightprotect in NTLawHbk
Main.JonathanMo 14 Sep 2015 What does Copyright Protect? Copyright gives authors and creators legal protection for the following types of work: * literary wor...
Whatiscopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is copyright? Copyright is a form of intellectual property which, as the name suggests, is an intangible form of personal proper...
Whatispatent in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is a patent? A patent is a legal document that gives an inventor exclusive right to exploit their invention for a specified peri...
Whattrademarktradesign in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is a trade mark/trade sign? The TMA defines a trade mark as: a sign used, or intended to be used, to distinguish goods or servic...
Whendoescopyrightapply in NTLawHbk
Main.JonathanMo 14 Sep 2015 When Does Copyright Apply? There are three basic principles or 'characteristics' that need to be grasped in respect of copyright and ...
Whocanregistertm in NTLawHbk
Main.JonathanMo 14 Sep 2015 Who can register a trade mark? A person may apply for the registration of a trade mark in respect of goods and/or services if the per...
Whoownscopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Who Owns the Copyright? The basic rule is that the author or creator is the first owner of copyright CA s.35(2) . But copyright owne...
Whyhaveiplaws in NTLawHbk
Main.JonathanMo 14 Sep 2015 Why do we have intellectual property laws? Intellectual property rights involve striking a balance between the interests of the origi...
Whypatent in NTLawHbk
Main.JonathanMo 14 Sep 2015 Why do we have patent protection? As with the other main areas of intellectual property, Australia's patent protection framework esse...
Rightsmanagementinformation in NTLawHbk
Main.JonathanMo 14 Sep 2015 Rights management information Amendments to the CA in 2000 introduced sanctions against tampering with electronic rights management i...
Scandalouscontrarytolaw in NTLawHbk
Main.JonathanMo 14 Sep 2015 Scandalous or contrary to law Under section 42 of the TMA: An application for the registration of a trade mark must be rejected if: ...
Scanninguploadingdownloadingimages in NTLawHbk
Main.JonathanMo 14 Sep 2015 Scanning, uploading and downloading images Scanning an image to produce a digitised version involves making a reproduction of the ima...
Spaceshiftingofrecordedmusic in NTLawHbk
Main.JonathanMo 14 Sep 2015 'Space shifting' of recorded music A person who owns a copy of a sound recording, such as a CD, is now allowed to make a copy of that...
Subjectmatterotherthan in NTLawHbk
Main.JonathanMo 14 Sep 2015 Subject matter other than literary and artistic works (CA Part IV) Part IV of the CA introduces new subject matter for copyright prot...
Substantiallyidenticaldeceptivelysimilar in NTLawHbk
Main.JonathanMo 14 Sep 2015 Substantially identical or deceptively similar to another trade mark Under section 44 of the TMA, an application must be rejected if ...
TechnologicalProtectionMeasures in NTLawHbk
Main.JonathanMo 14 Sep 2015 Technological Protection Measures (TPMs) Criminal penalties and civil remedies exist for making, importing and commercially dealing i...
Theinternet in NTLawHbk
Main.JonathanMo 14 Sep 2015 The internet The internet is a network of computers. No one owns it and it has no central location or administration. For most users ...
TimeshiftingrecordingTVradioforlaterprivateuse in NTLawHbk
Main.JonathanMo 14 Sep 2015 Time shifting: recording from TV and radio for later private use It is permissible to record a television or radio program to watch o...
Tmgeoindic in NTLawHbk
Main.JonathanMo 14 Sep 2015 Trade marks and geographical indications (GIs) TRIPS obligations In accordance with the requirements of the TRIPS Agreement, WTO mem...
Tminfringementsoffences in NTLawHbk
Main.JonathanMo 14 Sep 2015 Trade mark infringements and offences Infringements Section 120(1) of the TMA provides a simple definition of an infringement, namel...
TradeMarksDesignsAndPatents in NTLawHbk
24.2 Trade marks, designs and patents Trade Marks General The purpose of trade mark law is slightly different to that of the other intellectual property protect...
Usedorintendedtobeused in NTLawHbk
Main.JonathanMo 14 Sep 2015 'Used or intended to be used' Under section17 of the TMA, the sign must be 'used or intended to be used' in the trade. Registering a ...
Usefulorganisations in NTLawHbk
Main.JonathanMo 14 Sep 2015 Useful organisations A number of organisations either collect copyright fees, or deal extensively in copyright issues, including assi...
Usefulorgpatents in NTLawHbk
Main.JonathanMo 14 Sep 2015 Useful organisations IP Australia IP Australia is the Australian Government agency responsible for the administration of patents, tr...
WebAtom in NTLawHbk
AustLII Communities's NTLawHbk web
WebLeftBar in NTLawHbk
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Ordersdeliverup in NTLawHbk
Main.JonathanMo 14 Sep 2015 Orders to deliver up Courts with equitable jurisdiction have an inherent power to order a defendant to deliver up articles made in co...
Otherqualificationsforcopyrightprotect in NTLawHbk
Main.JonathanMo 14 Sep 2015 Other qualification for copyright protection The CA requires two criteria or 'points of attachment' that must be satisfied for a work...
Parallelimportation in NTLawHbk
Main.JonathanMo 14 Sep 2015 Parallel importation Importing copyright material for commercial purposes or dealing with such material without the approval of the c...
Performersperformances in NTLawHbk
Main.JonathanMo 14 Sep 2015 Performers/performances Prior to amendments to the CA in 2004, performers gained virtually no protection for their live performances,...
Preservationmoralrights in NTLawHbk
Main.JonathanMo 14 Sep 2015 Preservation of moral rights However, it should be noted that, irrespective of the nature of the licensing or assignment agreement, t...
Proscribedmarks in NTLawHbk
Main.JonathanMo 14 Sep 2015 Proscribed marks Regulations made under section 18 of the TMA may specify that certain signs are not to be used as trade marks. TMA S...
Protectionforcomputersoftware in NTLawHbk
Main.JonathanMo 14 Sep 2015 Protection for computer software Computer programs ordinarily receive copyright protection as 'literary works'. A basic problem for p...
Protectionmechanisms in NTLawHbk
Main.JonathanMo 14 Sep 2015 Protection mechanisms A person putting material on their site that they wish to protect that is, prevent others from copying shou...
Reqforregist in NTLawHbk
Main.JonathanMo 14 Sep 2015 Requirements for registrability A design has to meet a number of key requirements before it can be registered and legally protected i...
Requirementsregistration in NTLawHbk
Main.JonathanMo 14 Sep 2015 Requirements for registration A mark must be 'distinctive' within the terms of section 41 of the TMA, that is, it must be capable of ...
Restrictionsonexercisingrightsdefencesfairdealing in NTLawHbk
Main.JonathanMo 14 Sep 2015 Restrictions on the Exercise of Rights: Defences and Fair Dealing There are a number of provisions allowing the free or paid use of c...
Rightsbyregistration in NTLawHbk
Main.JonathanMo 14 Sep 2015 Rights given by registration Under section 20 of the TMA: : If a trade mark is registered, the registered owner of the trade mark ha...
Howlongcopyrightlast in NTLawHbk
Main.JonathanMo 14 Sep 2015 How Long Does Copyright Protection Last? Prior to the 2004 US Australia Free Trade Agreement (FTA), the general term of copyright pro...
Incapableofdistinguishment in NTLawHbk
Main.JonathanMo 14 Sep 2015 Incapable of distinguishment Incapacity to distinguish constitutes grounds for both rejection of, and opposition to, an application t...
Indirectinfringementcopyrightknowing in NTLawHbk
Main.JonathanMo 14 Sep 2015 Indirect infringement of copyright 'knowing or having reason to know' Indirect infringement means dealing with unauthorised reprodu...
Infringementsoffences in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringements and offences The DA provides that a primary infringement occurs if a person, without authority, makes or offers to make...
Infringementspatents in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringement The PA does not provide any definition of direct infringement, although three forms are suggested: * exploiting the i...
Infringementsubstantialpartrequirement in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringement: the 'substantial part' requirement Under section 14(1) of the CA, the infringing act must be done in relation to a 'sub...
Injunctioncopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Injunction This equitable remedy usually requires the defendant to refrain from a particular course of conduct; rarely, it may requir...
IntroPatents in NTLawHbk
Main.JonathanMo 14 Sep 2015 Introduction Patents, like other intellectual property rights, are a product of the 'balance' between competing interests. From the t...
Introduction in NTLawHbk
Main.JonathanMo 14 Sep 2015 Introduction Industrial design involves the design of three dimensional products which may range from consumer goods to technological...
Inventwhichnotpatentable in NTLawHbk
Main.JonathanMo 14 Sep 2015 Inventions which are not patentable The 'human being' exception Human beings, and the biological processes for their generation, are...
Jointownership in NTLawHbk
Main.JonathanMo 14 Sep 2015 Joint ownership Copyright in a work can be held jointly where the individual contributions of each creator cannot be distinguished. A...
Journalistscopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Journalist's copyright Section 35(4) of the CA provides for a division of ownership of copyright between the journalist authors of wo...
Licensingofcopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Licensing of copyright In contrast to assignment, a licence arrangement may involve nothing more than a bare permission to do an act ...
Likelydeceiveorconfusiontm in NTLawHbk
Main.JonathanMo 14 Sep 2015 Marks likely to deceive or cause confusion Section 43 of the TMA requires that an application for the registration of a trade mark in...
Linkinganotherwebsite in NTLawHbk
Main.JonathanMo 14 Sep 2015 Linking to another website Before linking to or framing a third party website, a person should review it for any prohibition on linki...
Literarydramaticmusicalartisticworks in NTLawHbk
Main.JonathanMo 14 Sep 2015 Literary, dramatic, musical and artistic works (CA Part III protected) The CA Part III works include the following: * literary wor...
Marevainjunction in NTLawHbk
Main.JonathanMo 14 Sep 2015 Mareva injunction This is another ex parte order which restrains the defendant from disposing of or removing from the jurisdiction as...
Marksunablegraphicallyrepresented in NTLawHbk
Main.JonathanMo 14 Sep 2015 Marks unable to be graphically represented Examples of these types of marks would include marks which are reliant upon sounds or smel...
Moralrights in NTLawHbk
Main.JonathanMo 14 Sep 2015 Moral rights Moral rights are rights which an author or artist retains even after the right to exploit the copyright in the work has ...
Descriptivemarks in NTLawHbk
Main.JonathanMo 14 Sep 2015 Descriptive marks One significant ground for seeking removal of protection from a registered mark (that is, removing it from the regi...
Design in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is a design? Section 5 of the DA defines a design as follows: : in relation to a product, means the overall appearance of the...
Designexcludedregis in NTLawHbk
Main.JonathanMo 14 Sep 2015 What exclusive rights does a registered design owner have? The design owner has a number of exclusive rights in applying the design t...
Designsexcludedregistration in NTLawHbk
Main.JonathanMo 14 Sep 2015 Designs excluded from registration Under the old Act, certain designs of a primarily literary or artistic character were excluded fro...
Diffareapatent in NTLawHbk
Main.JonathanMo 14 Sep 2015 Difficult areas for patentability Schemes, methods and systems A mere improved method of doing something will not, by itself, be a '...
Difficultunregisterabletm in NTLawHbk
Main.JonathanMo 14 Sep 2015 Marks which cannot be registered or are difficult to register The TMA provides a number of grounds on which registration of a mark ma...
Difftypesofappandpatents in NTLawHbk
Main.JonathanMo 14 Sep 2015 The different types of applications and patents Provisional application The first step in filing a patent application in Australia i...
Distinguishgoodsservices in NTLawHbk
Main.JonathanMo 14 Sep 2015 'To distinguish goods or services' A mark must be used 'in relation to goods or services'. This means that 'marks have no life of the...
Dualprotectoverlap in NTLawHbk
Main.JonathanMo 14 Sep 2015 Dual protection: the copyright/designs overlap The question of dual protection arises particularly in relation to 'artistic works' un...
Durationofprotection in NTLawHbk
Main.JonathanMo 14 Sep 2015 Duration of protection Under section 72(3) of the TMA: : Unless it is earlier cancelled, or the trade mark is earlier removed from...
Economicorcommercialrights in NTLawHbk
Main.JonathanMo 14 Sep 2015 Economic or commercial rights These are the main type of rights, and the ones which are more commonly infringed upon. In respect of e...
Employeeauthors in NTLawHbk
Main.JonathanMo 14 Sep 2015 Employee authors The normal rule expressed in section 35(6) of the CA is that the copyright in works created by employee authors in t...
Exclusiverightsaregistereddesignowner in NTLawHbk
Main.JonathanMo 14 Sep 2015 What exclusive rights does a registered design owner have? The design owner has a number of exclusive rights in applying the design t...
Exploitationpatents in NTLawHbk
Main.JonathanMo 14 Sep 2015 Exploitation of patents Exclusive rights conferred by section 13(1) of the PA gives a patent holder 'the exclusive rights, during the...
Formatshiftingcopyingfromoneformattoanotherforprivateuse in NTLawHbk
Main.JonathanMo 14 Sep 2015 Format shifting: copying from one 'format' to another for private use People who own certain types of material are allowed to make a ...
General in NTLawHbk
Main.JonathanMo 14 Sep 2015 General The purpose of trade mark law is slightly different to that of the other intellectual property protection regimes, such as co...
Groundlessthreats in NTLawHbk
Main.JonathanMo 14 Sep 2015 Groundless threats A defendant may restrain the making of 'groundless threats' of court action and may also recover any damages they ...
Collectiveadmincopyrightandcompulsorylicence in NTLawHbk
Main.JonathanMo 14 Sep 2015 Collective Administration of Copyright Rights and Compulsory Licence Schemes There are a large number of compulsory licence and royal...
Commissionedwork in NTLawHbk
Main.JonathanMo 14 Sep 2015 Commissioned work The copyright of a commissioned work ordinarily remains in the author of a 'commissioned' work or other subject mat...
Copyright in NTLawHbk
24.1 Copyright This section deals with the general principles and issues associated with the copyright laws, and the most commonly asked questions about copyright...
Copyrightindigenousknowledge in NTLawHbk
Main.JonathanMo 14 Sep 2015 Copyright and Indigenous Knowledge Indigenous art has often been commercially exploited in ways that are particularly offensive to in...
Copyrightoninternet in NTLawHbk
Main.JonathanMo 14 Sep 2015 Copyright on the internet Potentially copyright protected material includes text, graphics, photographs, animations, film, music comp...
Copyrightvdesign in NTLawHbk
Main.JonathanMo 14 Sep 2015 Copyright v design A certain degree of overlap exists between the CA and the Designs Act 2003 (Cth) (DA). Hence it is possible for an...
Crowncopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Crown copyright Copyright in any original work created or first published by or under the direction or control of the Crown belongs t...
Damages in NTLawHbk
Main.JonathanMo 14 Sep 2015 Damages The common law remedy of damages is also provided for in section 115(2) of the CA, with provision for aggravated damages in s...
Accountprofits in NTLawHbk
Main.JonathanMo 14 Sep 2015 Account of profits Again, this is provided for in section 115(2) of the CA. This is an equitable remedy which requires the defendant ...
AntonPillerorders in NTLawHbk
Main.JonathanMo 14 Sep 2015 Anton Piller orders These ex parte orders entitle the plaintiff and their solicitors to enter the defendant's premises in order to in...
Appprocesspatent in NTLawHbk
Main.JonathanMo 14 Sep 2015 The application process It can take two years to obtain a patent from the day that an application is filed at the national patent off...
Assignmentofcopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Assignment of copyright An assignment is a transfer of the exploitation rights of copyright. It enables the creator of an original wo...
Ausdesignsprotection in NTLawHbk
Main.JonathanMo 14 Sep 2015 Australian designs protection In Australia, designs are protected by Commonwealth legislation. The current law, the Designs Act 2003 ...
Ausintobligtmprotect in NTLawHbk
Main.JonathanMo 14 Sep 2015 Australia's international obligations on trade mark protection The fundamental principle of trade mark protection provided by the Wo...
AustLII in NTLawHbk
Australasian Legal Information Institute (AustLII)
Authorisationandinfringementcopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 'Authorisation' and infringement of copyright Sections 36(1) and 101(1) of the CA raise the issue of what may constitute 'authorisati...
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