Archives for June 2018

Interlocutory injunctions in patent disputes

An injunction is a Court order directing a person or entity to do a specific thing or refrain from doing something.  Whilst an injunction in itself can amount to final relief in litigious matters, it can also be sought on an interlocutory or temporary basis (Interlocutory Injunction).  This applies where a temporary remedy is sought to maintain the status quo until the larger legal issues can be heard at trial.

In matters relating to the infringement of a patent, an injunction may be sought by the patent owner (Applicant) to stop a defendant (Respondent) from doing the acts the patent owner alleges infringe the patent, until the Court has had the opportunity to determine whether or not the patent has been infringed.  In this article we consider Interlocutory Injunctions in patent matters and how the tests differ from non-patent matters. [Read more…]

Directors personal liability – misleading & deceptive conduct

Despite the corporate veil, there are many ways in which a director can be personally liable for activities the company which they direct.  One such ground is misleading and deceptive conduct pursuant to section 18 of the Australian Consumer Law (Cth) (ACL).  This question of personal liability is of concern to conservative and risk averse directors who attempt to strike the delicate balance between governance and entrepreneurialism.  Misleading and deceptive conduct can occur in a variety of circumstances in business dealings.  From misleading advertising, inaccurate projections to contractual dealings between parties.  It could be as simple as making misstatement regarding a profit forecast or embellishing the outcome of a contract. [Read more…]

Do beneficiaries have a right to the trust deed?

In Queensland, the statutory rights and obligations of Trustees are contained in the Trusts Act 1973 (Qld)(Trust Act).  The role of the Trustee is fiduciary in nature and as such, there is a duty to act in accordance with both the terms of the deed of trust (Trust Deed) and the common law and statutory duties.  However, the Trust Act does not contain an express provision for a Trustee of a trust to provide a Trust Deed to beneficiaries. As a result, common law provides beneficiaries the right to make such requests to the Trustee.  This article will discuss the common law right of beneficiaries to access a Trust Deed upon request to the Trustee. [Read more…]

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