Newsletter of the law february 2006

letter of the law
The information in this newsletter is merely a guide and is not a full explanation of the law. This firm cannot take responsibility for
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February 2006
professional advice.
Do your homework on gyms before
signing
Have you resolved to get fit and healthy? want to cancel, suspend or transfer your
The Office of Fair Trading (OFT) is urging Queenslanders to do their homework before signing up for gym membership or weight conditions for paying gym fees, note when • the administration fee, which applies payments are due, what fees are involved, if the contract is terminated during the The OFT regularly receives calls and and how the agreement can be terminated or written complaints from consumers who amended. “If you have signed a contract for a gym time to read membership contracts and enough funds in your account to cover the membership, remember under the Fair payment each month or your bank may Trading (Code of Practice – Fitness Industry) “Before you sign a contract, do your charge penalty fees.” Regulation 2003, you can cancel the contract research,” a Fair Trading spokesman said. Fair Trading advises Queenslanders within the 48-hour cooling-off period if you “Take the time to read through all the terms searching for the best gym or weight loss have second thoughts,” the spokesman said. and conditions, including the fine print, and What’s inside.
National bankruptcy
A case in point. ugg boots
and trade marks
campaign
The iconic Australian ugg boot is at the centre of a recent case before Australia’s trade mark regulatory The Insolvency and Trustee Service public confidence and minimised the
New laws to aid people with
Australia (ITSA), has announced it is impact of financial failure on the disabilities
The Disability Services Bil 2005, introduced into
State Parliament recently, aims to strengthen the bankrupts who have failed to comply with “Broadly speaking, the bankruptcy laws their legal obligations under the in Australia are designed to provide Pie in the sky awards
The Australian Securities and Investment
Bankruptcy Act, Findlaw News reports. legitimate relief (and) to give bankrupts Commission (ASIC) has released a who’s who list of some breathing space to get back on their the most outrageous and far-fetched financial scams of the year. which found there were hundreds of feet, while simultaneously providing bankrupts all over Australia who had failed Anti-hooning laws
Over 2,000 cars have been impounded since the
to comply with their legal obligations, such introduction of Queensland’s anti-hooning laws three as the requirement to file their Statement of subsequently realised,” Mr Hanley said. Teen takes action against mum for
giving pets away
Under the Bankruptcy Act, once a bankrupts who exploit the well-intentioned A family feud has ended with a 19-year-old pressing charges against her mother for giving her pets away. court hearing a creditor’s petition, the laws. when ITSA identifies criminal Crackdown on pseudoephedrine
bankrupt has 14 days to complete and file a behaviour such as this, it investigates the medications
Customers purchasing medication containing
Statement of Affairs outlining their matter and pursues the offender to the full pseudoephedrine from pharmacies may now be financial and personal particulars. Penalties that can be imposed for breaches of the Act Smoking laws hit retailers
Tobacco retailers now face tighter restrictions on
range from fines and good behaviour investigated 536 individuals for criminal cigarette product displays and harsher penalties for offences, with 120 found guilty and many sel ing cigarettes to minors under the latest phase of ITSA’s national manager of fraud others warned of the consequences of their investigation, Jeff Hanley, said ITSA’s actions. Wearing heels an occupational
“This year we are expecting to deal with A company who sacked a woman for wearing high insolvency system that produced equitable a much higher number”, Mr Hanley said. heels has been ordered to give the woman her job outcomes for debtors and creditors, enjoyed newsletter of the law, February 2006 a case in point . . . ugg boots and trade marks
Who would have thought the humble ugg boot could be the subject of such scrutiny? A recent decision by Australia’s trade mark regulatory body has removed the term ‘ugg boot’ from the register of trademarks and will allow Australian manufacturers and retailers the right to call sheepskin boots ‘ugg boots’. Background
The term ‘ugh-boots’ was registered as a the terms ‘ugh’, ‘ugh boots’ (with no sheepskin boot and are the first and most trade mark in Australia in 1971. ‘Ugh’ was hyphen), ‘ugg’, ‘Ugg Australia’, or ‘ugg registered by the same owner in 1982. Both goods.” He also concluded the terms are of these trade marks were sold to Ugg registered trade mark in Australia within Holdings Inc in 1996. In 1999, Ugg the required three-year period under the The issue first attracted media interest mark ‘ugh-boots’ was registered and the when American-based company Ugg registering a trade mark, the Register of hyphen was essential to its identity as a Holdings Inc (a subsidiary of Deckers Trade Marks determines whether a trade Outdoor Corporation) allegedly threatened to mark has any descriptive or generic advertisement included as evidence did not take legal action against Australian exporters use that particular registered trade mark and United States importers of sheepskin boots using the terms ‘ugg’ or ‘ugh’ as Sydney Morning Herald in November period. and Bronwyn McDougall (the applicants) 2003. The applicants claimed the filed an application under s92 of the Trade advertisement did not display the Court by the opponent, the trade mark will Marks Act 1995 with IP Australia – the registered trade mark ‘ugh-boot’. The be removed from the Register of Trade Federal Government agency responsible for granting rights in patents, trade marks and the hyphen in the trade mark ‘ugh-boot’ Implications
designs – requesting the removal of the trade was missing in the advertisement, it was mark, claiming that the registered trade mark Australian manufacturers and retailers of was not used during the period from substantially affect the identity of the 30 November 2000 until 30 November 2003. have the right to call the boots ‘uggs’, if Decision
notice opposing the removal of the trade Trade mark hearings officer Ian Corporation still owns the trade mark in mark in May 2004, contending as the sole Thompson ruled that the trade mark other jurisdictions, such as the United ground for opposition that the trade mark ‘ugh-boots’ had not been used in States, as trade mark laws are national laws had been used within the period in question. Mr Thompson said: “The evidence trade marks within their own jurisdiction. Section 92 of the Trade Marks Act 1995, relates to the application for removal of a that the terms ‘ugh boot(s)’, ‘ug boot(s)’ trade mark from the Register of Trade Marks. and ‘ugg boot(s)’ are interchangeably New laws to aid people with disabilities Legislation has been introduced into State
Parliament to strengthen and safeguard the • the right to receive disability services Mr Pitt said the new Disability Services in a way that respects the Bill focused on recognising human rights, to improve the quality of disability services across Queensland, acknowledge the rights of people with a disability – including promoting their inclusion in the life of the since Queensland first enacted disability community – and to ensure that disability have a disability, according to the latest services funded by the department are safe, establishment of Disability Services available Australian Bureau of Statistics “The existing Disability Services Act Government the power to act swiftly when contributed to greater community it needed to investigate instances of abuse, legislation retained the existing rights of participation and inclusion of people with a neglect, or exploitation of people with a disability in everyday life, but a review of newsletter of the law, February 2006 Pie in the sky awards
Do you want to make a killing on the share
promised returns of up to 8 percent a week market? This stock is ready to explode – you can make a 280 percent return when “astronomical”. Investors were even issued the target price is reached (unfortunately, the stock never quite got there, closing the fictitious ‘International Investment and Why not turn $10,000 into $124,600 in a single year by trading currency and US Treasury bonds, with your capital financial literacy research, 85 percent of guaranteed by the International Investment high risk, but some 47 percent would still share markets. ‘This stock’s ready to For a handling fee (and other charges to be revealed later), you can collect your something offering well above market rates winnings from a lottery supposedly set up under the will of the late Princess Diana. consumer protection, Delia Rickard, said the purpose behind the awards was to warn riches, but with so many scams out there, which ones are this year’s award-winning “Pie-in-the-sky financial schemes still devastate far too many people, she said. The Australian Securities and “They frequently use sophisticated props released its 2006 ‘Pie In The Sky’ awards (‘the PITS’), a who’s who list of the most outrageous and far-fetched financial businesses, because that way your rights The top gong for 2006 goes to an illegal website, FIDO, at www.fido.asic.gov.au or schemes that ASIC has taken court action raised $3.7 million. Over $2.1 million of over, obtained court orders, or identified those involved in court, please visit FIDO. exists. It’s just another front set up to More than 2,000 Queensland drivers have
vehicles confiscated since these laws took had their vehicles confiscated since the effect. In the North Coast region there have introduction of Queensland’s anti-hooning number of vehicle confiscations, recording 19-year-old is taking legal action against had taken her pet dog, seven puppies and could have their car taken off the road for two guinea pigs to a local animal rescue smoke, then you will be caught by police three months or even forfeited to the state and risk having your vehicle impounded,” were recorded in the South-East and North hoon offences on a second occasion in the college, her mother seized the opportunity past three years,” Ms Spence said. “Three offenders have been detected committing a third offence – one in each of the Ipswich, vehicle confiscation figures,” Ms Spence Police are investigating the charges, but targeting young drivers or car enthusiasts. are hoping to settle the matter before it South-East region, which includes Logan, If you abide by the law, there is no reason why this legislation should affect you.” newsletter of the law, February 2006 Crack down on pseudoephedrine medications Customers purchasing over-the-counter Only’ Schedule 3 medicines.
medications such as nasal decongestants and pharmacy medicines containing Health Minister Stephen Robertson said cold and flu medications sold at pharmacies pharmacists must not sell any Schedule 3 (note: similar products sold in supermarkets present identification or satisfy the medicines containing pseudoephedrine unless pharmacist of their genuine need for the “We recognise the overwhelming majority genuine, therapeutic need for the medication. of Queenslanders have a genuine therapeutic Poisons) Regulation 1996 has been strengthened to prevent the diversion of customers. They will also record details medicines containing pseudoephedrine for medicines containing pseudoephedrine into containing pseudoephedrine, including methamphetamine (speed) is an issue of grave concern for health regulators and law 2 medicines address,” Mr Robertson said. containing pseudoephedrine as ‘Pharmacist Tobacco retailers now face tighter display
Mr Robertson said more than 3,000 tobacco restrictions and harsher penalties for selling retailers had been sent a “Selling Smoking cigarettes to minors under the latest phase of Products Information Kit”, including required The new legislation, which came into effect on December 31, will limit the size of cigarette received a kit or were unsure of their product displays in retail outlets for the first time. responsibilities under the new laws could contact Under the new laws, minors who pretend to the Tobacco Hotline on 1800 005 998. An industrial tribunal in Brazil has ruled
be the legal age to purchase cigarettes can also be “Enforcement of the new laws for tobacco that a woman who was sacked from her job retailing will start at the end of March 2006, after Health Minister Stephen Robertson said that a three-month education period,” Mr Robertson while pubs and clubs had been the most affected said. “This will give retailers time to adapt to the by smoking laws, tobacco retailers would be the new changes, however, I stress to retailers that Paulo reports that the company admitted focus of new laws in the New Year, with previous laws still apply, particularly regarding sacking the 32-year-old woman, who was a particular emphasis on the sale and supply of sales to minors. secretary with the Planarc Company, solely “Tobacco retailers also need to be aware that, if the same business is found to have repeated • Each retail outlet can show only one breaches of the new tobacco laws during the smoking product display. The maximum ‘education period’, this will result in an on-the- size of this display is one square metre for general retailers and three square metres The specialist Tobacco Control Investigation for tobacconists. Cigarette cartons cannot Team targets the illegal supply of smoking be on display. Currently, there are no products to minors across the state by conducting restrictions. In addition, the purchase of surveillance of tobacco retail outlets. company would have been within its rights There are currently 14 prosecutions pending to discipline the woman, it should not have shopper loyalty points, such as Fly Buys for the illegal supply of smoking products to a child, including those as a result of surveillance • People under the age of 18 years who during the recent Schoolies Week. falsely represent their age in order to be The new restrictions add to a busy past 12- sold smoking products will be committing months for tobacco laws in Queensland, as an offence and may be subject to a reported previously in the ‘Newsletter of the maximum penalty of $1,500. Currently, Law’. Other restrictions which came into effect no law applies. • between the flags on all patrolled beaches; • within 10 metres of children’s playground • $10,500 fine for a first offence. Currently, • while standing within four metres of non- This newsletter is a free service from
prohibit the supplier from selling tobacco your solicitor. If there is any issue you
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selling tobacco products for three years. you again.
newsletter of the law, February 2006

Source: http://www.walkerpender.com.au/newsletters/uploads/February%202006.pdf