Archives for July 2014

Enterprise agreements – considerations for employers

Anyone who has been through the enterprise bargaining process will appreciate just how onerous the procedural steps and mandatory requirements set out in Part 2-4 of the Fair Work Act 2009 (the Act) can be.

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Shareholders’ agreements and inconsistency clauses

The case of Cody v Live Board Holdings Limited [2014] NSWSC 78 (Cody) highlights the need for careful drafting of Shareholders’ Agreements to ensure that there is no duplication of clauses in company constitutions. Shareholders’ agreements usually contain what’s known as an “inconsistency clause”. Such inconsistency clauses attempt to resolve ambiguity between overlapping or conflicting clauses in Constitutions and Shareholders Agreement in favour of the Shareholders’ Agreement. Cody provides guidance on the applicability of inconsistency clauses.

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Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634

Please note this article has been updated.

Supermarket giant Coles has been advertising bread using the phrases “Baked Today, Sold Today”, “Freshly Baked”, “Baked Fresh”, “Freshly Baked In-Store” and “Coles Bakery”. In reality, the bread was partially baked, in some instances overseas, up to six (6) months before being defrosted, with the final baking process occurring in Coles’ stores.

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Trade mark infringement – an introduction

What is a trade mark?

A registered trade mark is a sign which helps distinguish a traders goods or services from other traders. A registered trade mark can help protect and distinguish a brand from other brands in the marketplace, thus becoming a vital component of any effective marketing strategy. In Australia trade mark registration is governed by the Trade Marks Act 1995 (Cth) (Act). [Read more…]

Shareholder oppression

What is shareholder oppression?

Shareholder oppression can occur when the majority shareholders in a company misuse their power to oppress the minority shareholders.

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Why employers must follow process

Employers appearing at the Fair Work Commission may be shocked when the unfair dismissal claim against them is upheld despite the dismissal being for a valid reason.

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Australian Competition and Consumer Commission v A Whistle (1979) Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has reinforced its stance against the publication of false testimonies and reviews online instituting proceedings against A Whistle (1979) Pty Ltd  trading as Electrodry Carpet Cleaning (Electrodry). [Read more…]

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