Technology | Communications | IP | Commercial Lawyers

FOXTEL makes undertaking to ACCC over free TV offer

May 16, 2013

FOXTEL Management Pty Ltd has provided the Australian Competition and Consumer Commission (ACCC) with a court enforceable undertaking following allegations that FOXTEL breached the Australian Consumer Law with a free television offer. The undertaking stems from representations made by FOXTEL that customers who subscribed to a 12 month plan between 12 February 2012 and 5 [...] Read more »

ACCC – Proceedings instituted against ByteCard Pty Limited for unfair contract terms

April 22, 2013

From the ACCC: The Australian Competition and Consumer Commission (ACCC) has commenced proceedings in the Federal Court against Internet Service Provider ByteCard Pty Limited (ByteCard, better known as Netspeed Internet Communications) alleging that a number of clauses in the ByteCard standard form consumer contracts are unfair contract terms and should be declared void. The alleged [...] Read more »

OAIC: Australian Privacy Principles guidance

April 16, 2013

From the Office of the Australian Information Commissioner: The Office of the Australian Information Commissioner (OAIC) has released a pair of guidances comparing the proposed new Australian Privacy Principles (APPs) with Australia’s current National Privacy Principles (NPPs) and the Information Privacy Principles (IPPs). The APPs are found in the Privacy Amendment (Enhancing Privacy Protection) Act [...] Read more »

ACCC Chairman Rod Sims: ACCC well placed to deal with communications revolution

April 11, 2013

From the ACCC: Australian Competition and Consumer Commission (ACCC) Chairman Rod Sims, speaking at the Australia Israel Chamber of Commerce in Brisbane, has said that the ACCC is is well placed to deal with the many issues flowing from the continuing communications industry revolution. Mr Sims spoke of the benefits of a combined competition, consumer [...] Read more »

ACMA Contemporary community safeguards inquiry

April 11, 2013

From the ACMA: The Australian Communications and Media Authority (ACMA) has announced the commencement of the ‘Contemporary community safeguards inquiry’. The inquiry will focus on the need for broadcasting standards to remain in line with changing community expectations. The ACMA is seeking to to explore and establish the core principles that should guide the content [...] Read more »

ACMA Chairman Chris Chapman: Telco and media reforms continue

April 10, 2013

From the ACMA: Australian Communications and Media Authority (ACMA) Chairman Chris Chapman has delivered a speech outlining the current work and priorities of the ACMA at the Communications Day Summit. Among the ACMA initiatives and priorities highlighted were the following: A spectrum plan which portended a $30 smart phone handset and potential economic benefits to [...] Read more »

ACCC draft decision on NBN Co Special Access Undertaking

April 4, 2013

From the ACCC, the DBCDE and the Australian Financial Review: The Australian Competition and Consumer Commission (ACCC) has issued its draft decision on the the revised Special Access Undertaking (SAU) lodged by NBN Co. The SAU is to form a key part of the framework to determine the cost and other terms under which NBN [...] Read more »

California introduces ‘right to know’ data access bill

April 3, 2013

From ZDNet: California Assembly Member Bonnie Lowenthal has introduced a bill that may force companies operating in the state to follow EU-style data and privacy rules. The Bill follows intensive lobbying by two major US privacy groups, the Electronic Frontier Foundation (EFF) and the Northern Californian branch of the American Civil Liberties Union (ACLU). The [...] Read more »

Key EU nations take legal action against Google

April 3, 2013

From TechNewsWorld: 6 key EU nations have joined forces to take legal action against Google over the privacy protections of its user data. France, Spain, Italy, the UK, the Netherlands and Germany have announced that they will take joint legal action against Google over its privacy policies. The action will include investigations, and possible fines. [...] Read more »

Case Note: Rana v Google Australia Pty Ltd [2013] FCA 60

March 28, 2013

From the Federal Court, Inforrm’s Blog and Defamation Watch: The Federal Court has issued its decision in Rana v Google Australia Pty Ltd [2013] FCA 60. The decision has been described as a win of sorts for Google, though not entirely in the terms that they would have preferred. Facts/Background Mr Rana sought damages from [...] Read more »

Microsoft Launches Patent Monitoring Service

March 28, 2013

From Forbes and Microsoft: Microsoft has launched a service designed to enable anyone to determine which of its patents are owned and by whom. The internet based patent monitory service tracks changes to a variety of Patent Registers in Europe and North America to help with its cause. The Patent tracker can also track changes to patent families and [...] Read more »

UK Information Commissioners Office issues BYOD (‘bring your own device’) guidance

March 20, 2013

From the ‘Law in the Cloud’ Blog: The UK’s Information Commissioners Office (ICO) has issued a document providing guidance for businesses to remain compliant with data protection laws where they allow their employees to use their personal computing devices for work. ‘Bring your own device’ or BYOD provides a number of benefits to businesses in [...] Read more »

Groupon warned by ACMA about its email unsubscribe process

March 14, 2013

The Australian Communications and Media Authority (ACMA) has formally warned online retailer Groupon Australia Pty Ltd after determining that they had sent daily email newsletters to people without their consent. Consumers complained that the unsubcription service offered by Groupon only ubsubscribed them from one of several Groupon daily newsletters, and that they continued to receive [...] Read more »

ACCC – Draft Report on Telstra FAD

March 12, 2013

From the ACCC: The Australian Competition and Consumer Commission (ACCC) has released a draft report today on making a Final Access Determination (FAD) for the declared wholesale ADSL service. This service is used to provide users with broadband internet and other services over Telstra’s copper network. The draft FAD sets out proposed price and non-price [...] Read more »

About Nicholls Legal

Established in 2000, Nicholls Legal is a law firm located in South Melbourne, Australia. We specialize in Technology Law, Communications Law, Intellectual Property Law, Defamation Law, Commercial Law and Disputes.

We are progressive, client-focused lawyers and have successfully represented clients in the Supreme Court of Victoria, the Federal Court and the High Court of Australia.

Our clients vary from individuals and niche businesses, to large corporates, to government departments and agencies.

Technology & Communications Law is a highly specialized field, requiring extensive expertise and experience in a range of disciplines. These include dispute resolution, contract drafting and negotiation, as well as IT law, commercial law, intellectual property law, privacy law, internet law, trade practices, defamation and regulatory advice.

Nicholls Legal has the expertise and experience to address your needs in all of these areas. Having served ‘in-house’ as Regulatory & General Counsel at a major telecommunications carrier, Matthew Nicholls has earned a reputation as a lateral thinker and as a knowledgeable communications, technology and IT lawyer. As a commercial lawyer, he has produced a number of Australian industry firsts in the areas of e-commerce transactions and telecommunications regulation.

Nicholls Legal is proud to have been selected by Australasian Legal Business Magazine as a Leading Australian Telecommunications Law Firm.