Novation versus assignment in commercial contracts

Novation and assignment of contracts are processes that on first glance appear to have similar outcomes.  However, from a legal perspective, the two are strikingly different, and the wrong choice is capable of having dire legal consequences when things go awry.  Therefore, for those wishing to transfer contractual rights and obligations to third parties, it is critical to understand each legal mechanism’s significant distinctions. [Read more…]

Explaining the Media Bargaining Code

On 18 February 2021, social media company Facebook made the decision to prohibit the publishing and sharing of links (Links) from Australian media companies (News Companies) on the site.  This ban came into effect almost immediately after the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 (Cth) (Media Bargaining Code) passed the House of Representatives.  The ban has roadblocked News Companies from 9 News to the Bureau of Meteorology and even the beloved satirical news provider, The Betoota Advocate.  This article analyses the proposals of the Media Bargaining Code and what the legal effect of non-compliance may be. [Read more…]

The tort of injurious falsehood

Injurious falsehood is a tort which arises when a person makes false representations about the goods and services of a person or company.  The representations can be either written or spoken, and must encourage others not to deal with the person or business, in turn resulting in damage.   Notably, injurious falsehood offers a remedy when a cause of action for defamation is not available under the Defamation Act 2005 (Cth)(Act). [Read more…]

Review of QBCC decisions – part 4

The Queensland Building and Construction Commission (QBCC) is empowered under the Queensland Building and Construction Commission Act 1991 (Act) to make a variety of decisions such as but not limited to issuing, or not issuing, to a builder a notice to rectify defective domestic building work. [Read more…]

Review of QBCC decisions – part 3

Under the Queensland Building and Construction Commission Act 1991 (Act) the Queensland Building and Construction Commission (QBCC) is empowered to make a variety of decisions such as but not limited to: [Read more…]

Kogan fined $310k after breaching Spam Act

On 10 December 2020, the Australian Communications and Media Authority (ACMA) issued an infringement notice (Infringement Notice) to Kogan Australia Pty Ltd ACN 152 570 351 (Kogan) (a subsidiary of ASX listed Kogan.com Ltd ACN 612 447 293) stating that the electronics and appliances brand had contravened section 18(1) of the Spam Act 2003 (Cth) (Spam Act).  [Read more…]

Shareholder’s inspection allowed despite distrust

The case of Rasley (Singapore) Pte Ltd v Financial & Energy Exchange Ltd [2020] FCA 1462 involved an application to the Federal Court by a shareholder (Rasley (Singapore) Pte Ltd) (Rasley/Plaintiff) to inspect the books of the defendant (Financial & Energy Exchange Ltd) (Financial/Defendant) pursuant to section 247A of the Corporations Act 2001(Cth) and at common law because of its standing as a shareholder. Section 247A provides that the Court may only make orders if it is satisfied that an applicant is acting in good faith and for a proper purpose. [Read more…]

What is the springboard doctrine?

The ‘springboard’ doctrine refers to the benefit that is derived because of misuse of confidential information by a defendant that enables them to ‘springboard’ a new product or service to market more rapidly than if they had used their own mind.  A breach can be a contractual or equitable in nature and can also involve other causes of action such as breaches of director’s duties. [Read more…]

Review of QBCC decisions – part 2

Under the Queensland Building and Construction Commission Act 1991 (Act) the Queensland Building and Construction Commission (QBCC) is empowered to make a variety of decisions such as but not limited to: [Read more…]

Review of QBCC decisions – part 1

Under the Queensland Building and Construction Commission Act 1991 (Act) the Queensland Building and Construction Commission (QBCC) is empowered to make a variety of decisions including, but not limited to: [Read more…]

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