Archives for July 2015

Copyright infringement online and stolen websites Australia

The ubiquitous nature of the internet and the ease that images and text are able to be copied via a website browser may lead to the conclusion that the work of competitors can be freely copied. This was the erroneous view of the Respondents in the case of Motorcycle Aftermarket Spares Pty Ltd v Tamworth Cycle Tune Pty Ltd [2014] FCA 1433 (Motorcycle Aftermarket Spares). In this case Dundas Lawyers was successful in obtaining interim and permanent injunctions and an award of additional damages for flagrant breach of copyright pursuant to section 115(4) of the Copyright Act 1968 (Cth)(Act). [Read more…]

How not to terminate a contract for non-payment

Non-payment, or habitual late-payment of invoices by customers can impose real costs on suppliers, and put serious strain on the supplier-customer relationship.  In many cases a supplier will terminate, or threaten to terminate the contractual relationship with the customer unless payment is made.   Although non-payment of invoices can justify termination of a contract, if the contract contains a particular mechanism for termination – such as requiring a written notice threatening termination to be given, and the contract can then be terminated if payment has not been made within X number of days – it is vitally important that that process be scrupulously followed, otherwise the supplier may expose themselves to significant liability. [Read more…]

Defending general protections claims

Defending a general protection claim can be expensive and time consuming.  The following information is intended to aid employers in understanding how to deal with an employee who threatens to commence, or in fact does commence, a general protections claim. [Read more…]

Dundas Lawyers included in Doyle’s as one of Brisbane’s recommended TMT Firms!

On 29 June 2015, Doyle’s Guide published its list of “Leading TMT Law Firms – Brisbane, 2015” and Leading TMT Lawyers – Brisbane, 2015.

Among the small list of recommended firms was Dundas Lawyers.

Malcolm Burrows, Legal Practitioner Director, was also listed as “Recommended” in Doyle’s list of Leading TMT Lawyers – Brisbane 2015.

The inclusion of Dundas Lawyers and Malcolm Burrows in the Doyle’s Guide for Brisbane TMT Lawyers in 2015 is recognition of its work with technology companies and it’s commitment to excellence and customer service.


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Anton Piller orders – preventing evidence destruction

By Malcolm Burrows

What is an Anton Piller order?

An Anton Piller order, also known as a search order, is an order of a Court requiring one party (Respondent) to allow the other party (Applicant) to enter the Respondent’s premises to inspect, remove or make copies of documents or other items which might form evidence in an action or proposed action against the Respondent.

Anton Piller orders take their name from the seminal case of Anton Piller KG v Manufacturing Processes Ltd.[1]  They are primarily sought in intellectual property related cases, but also commonly used in employment and other matters involving an equitable or contractual breach of confidence or breach of contract.  They may also be used in family law proceedings. [Read more…]

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