Posts Tagged australia
What Is the History of the Torrens Title Registration System?
Posted by Metro in Uncategorized on March 15, 2012
The English law real property and conveyancing, which became part of the law of the English colonies as well, was not entirely suited to the conditions of new settlement. indeed, it’s unsuitability was immediate apparent to anyone who cared to reflect on the matter. the social and geographical conditions of the two countries were vastly different. English land law was designed to deal with social conditions that had no parallel in the early English colonies such as those seen in new South Wales. In particular, early new South Wales had no substantial and the class, for whose benefit much of English land will have evolved. In Australia was a vast, sparsely populated territory, still largely unexplored by the new settlers, in comparison, England was small, closely settled, with its land intensively cultivated.
The complexity of the English law real property and conveyancing poster special problems of the new colony. It manifested itself particularly in the law relating to prove title to land. Proof of title necessitated tracing title back through an unbroken chain of events and documents, perhaps as far as the Crown grant. the difficulties and uncertainties inherent in this old system of title will not overcome by the deeds of registration system, because registration did not cure defects in title. what was registered was the deed, not the title. Registration of the deed was no guarantee that the parties are carried out their intent in legally effective way. and to compound the difficulties, the Antipodean legal profession, a charge of interpreting and applying inherited land law, the many years lacked the expertise and learning of its English counterpart.
In this context Robert Richard Torrens devised a system of conveyancing which bears his name. the emigrated to South Australian 1840 to take up the post of director of customers. He was not the first person to see the benefits of the new system of registration. indeed, his proposals for reform were made in Europe when the movement favouring a new registration system is gathering considerable momentum. but his energy and commitment translated the pressures for reform into legislation. According to him, the root of the problem lay with the dependent nature of titles. This necessitated a retrospective investigation of title each time land was conveyed or otherwise dealt with. It was the chief source of the cost and delay inherent in the conveyancing process. This is the early history of how the Torrens title registration system began.
What Is the History of the Torrens Title Registration System?
Lawyers In Melbourne Are Popular
Posted by Metro in Uncategorized on March 14, 2012
Advocacy is a prestigious occupation in lots of countries. Individuals have great respect for the legal professionals and different law individuals like judges and prosecutors. as is understood, judges and prosecutors possess special powers. in some instances, criminals lose their lives depending on the choice of the court. in brief, law is the most important branch of social sciences. The law is an important subject in Australia too.
Although there are a number of cities in Australia and local attorneys exist in every city, the lawyer Melbourne is common throughout Australia as a result of Melbourne courts are superior all through the continent of Australia. Decisions of Melbourne courts are like Supreme Court decisions. thus, a lawyer Melbourne has more and recent information about Melbourne court docket decisions than his/her colleagues in other parts of the continent.
A lawyer Melbourne defends his/her purchasers purely in accordance with current guidelines of law valid in Australia. as you recognize, some legal rules are different in sure countries. for example, smoking drugs might be legal in Columbia depending on specific health conditions. as far as I remember, some significantly unwell folks could use certain drugs like marijuana cigars in Columbia and some western international locations like Canada or Holland. however, it is a vital narcotic crime in many countries. Or, the velocity limit may be totally different in many countries. Nevertheless, a lawyer Melbourne cannot carry any difficulty from other nations while defending his/her client.
A lawyer Melbourne is restricted with the current laws and legal rules effective. Nonetheless, legal professionals in some components of Australia the place native people called aborigines reside could convey these particular issues which are relevant to the aborigines to defend their clients.
Briefly, a lawyer Melbourne has great reputation in all around the continent as a result of they are specialized in the decisions of superior courts. Consequently, people usually prefer to assign attorneys from Melbourne to defend them as a result of they are extra skilled in Australian authorized procedures.
For more details please contact us at Lawyer Melbourne
FRANCE
Posted by Metro in Uncategorized on March 11, 2012
Dictator’s prize approved after UNESCO renames it.
After almost two years of debate, the United Nations Educational, Scientific and Cultural Organisation’s executive board has approved a scientific award sponsored by a repressive West African dictator, despite pleadings by Western nations and a finding by UNESCO’s lawyers that the prize would violate internal bylaws. There was one notable change, however. while the $US3 million ($2.8 million) prize originally bore the name of the sponsor, Teodoro Obiang Nguema Mbasogo, who has ruled oil-rich Equatorial Guinea since 1979, the award will now be called the UNESCO-Equatorial Guinea International Prize for Research in the Life Sciences. the wrangling over the award exposed the rift within UNESCO between Western states, which worry it will mar the agency’s reputation, and African member nations, several of which argued that the prize would serve as an element of pride for the African continent. the prize was approved by 33 to 18, with seven abstentions. Australia is not on the UNESCO executive.
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Recording Assignments and Security Interests in Patents: Australia’s new Personal Property Securities Register – Patent Law Blog (Patently-O)
Posted by Metro in Uncategorized on March 10, 2012
Guest Post by Andrew McRobert and Kate Mullarkey of Norton Rose Australia
In her recent guest post for Patently-O, Susan Glovsky lamented the inadequate system for recording assignments of, and security interests over, patents in the United States and called for the introduction of a national system for recordation of patent rights. This post gives a brief account of Australia's recent experience in this area.
The Australian patents legislation (the Patents Act 1990 (Cth)) requires assignments of patents to be in writing signed on behalf of the assignor and assignee (§14). If the particulars of an assignment are not entered on the Patents Register, the document is not admissible as evidence of the assignee's interest unless the proceedings fall within one of a number of limited exceptions (for e.g., if a Court otherwise directs or to enforce equities). the enforcement of equities in relation to patents and patent licenses has changed with the introduction of the Personal Property Securities Act 2009 (Cth) (PPSA).
The PPSA brings significant reform to the law in relation to security interests in personal property – which includes registered and unregistered intellectual property. One of the most important aspects of the PPSA is the implementation of a new public-access PPS register which has been promoted as a simple and inexpensive single repository for the registration of security interests. That register went live on 30 January 2012. the PPS register can be viewed at http://www.ppsr.gov.au.
A key driver for the establishment of the PPSA register was to harmonise the over 70 separate Acts that regulated security in personal property. the PPSA establishes a complete set of rules for determining priority between security interests and also for determining under what circumstances a purchaser of collateral will take the collateral free of the security interests in it. the old common law and equitable principles have been replaced.
Under the PPSA, "personal property" is any form of property other than land and certain statutory licences. It includes IP and IP licences. the definition of IP under the PPSA includes: "the right to exploit or work an invention, or to authorise another person to exploit or work an invention, for which a patent is in effect under the Patents Act 1990". a "security interest", for the purposes of the PPSA, is defined broadly as an interest in personal property provided for by a transaction that, in substance, secures a payment or the performance of an obligation.
Under the PPSA, protection of a security interest involves three steps: attachment, enforcement and perfection. Perfection is particularly important because, in the event of the insolvency of a grantor, any unperfected security interests that exist in relation to the grantor's assets are vested in the grantor, and a secured party that has not perfected its rights loses that security interest. Once a security interest is perfected, there are two general rules that apply: first, perfected interests take priority over unperfected interests; second, perfected interests take priority in the order of perfection. Although there are exceptions to these rules, including (importantly) under the transitional provisions, all the applicable rules are contained within the PPSA.
The PPSA contains numerous provisions that particularly affect intellectual property rights holders. for example, it provides that a registered security interest over an IP license continues to exist when the underlying licensed IP is transferred by its owner (§ 106). Unless the parties have contracted out of §106, a licensee will be able to grant security interests in an IP license in favor of a third party whose security interest can then be registered by that third party.
The PPSA also contains provisions relevant to security interests in intellectual property in overseas jurisdictions, such as foreign patents. where the grantor of the security interest is located overseas, the security interest is generally governed by the law of the grantor's jurisdiction, and not by the PPSA.
NZ rugby coach gets lawyers over dope joke
Posted by Metro in Uncategorized on March 2, 2012
Rugby World Cup-winning all Blacks coach Graham Henry may take legal action after lighthearted comments he made at a fundraising dinner were reported by new Zealand media.
Henry said he had consulted his lawyers after the comments, made at a dinner for the Hawke’s Bay Rugby Union last Thursday, were reported by a provincial newspaper and picked up by other news organisations.
He said he had been assured by event organisers he would not be reported.
Henry told guests at the $120-a-head function that if new Zealand had failed to win the World Cup he “would have been in the south of France smoking marijuana and drinking red wine.”
New Zealand beat France 8-7 in the World Cup final but Henry said they would have romped to victory if star flyhalf Dan Carter had not been out injured.
He also said it had been easy to motivate his players for the semi-final against Australia because of the behaviour of Wallabies flyhalf Quade Cooper.
Henry said on Sunday he was angry his comments had been published as “they were said in jest and in fun.”
“I said at the time it wasn’t for publication and I don’t know how it got into the papers. I asked the people running it that there be no reporters,” he said.
“I’ve now put it in the hands of my solicitor.”
Henry retired after the Rugby World Cup final, ending an eight-year coaching tenure with the all Blacks during which he won 83 of his 105 Test matches. he now works for the new Zealand Rugby Union as a mentor to high-performance coaches.
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