Legal Articles

Interlocutory injunctions and undertakings as to damages

An interlocutory injunction is an order made by the Court prior to trial either preventing or requiring some undertaking to be taken by one or more parties.  The Courts acknowledge that the imposition of such an interlocutory injunction on a party is not necessarily final and is subject to change.  As such, an undertaking as to damages is usually required by the party seeking an interlocutory injunction (Applicant).  This article discusses the established principles the Court will use to discern whether an Applicant has an adequate case for granting an interlocutory injunction. [Read more…]

Costs in unfair dismissal applications – part 4

Previous articles by Dundas Lawyers have looked at the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal application (Application).  To recap, section 611(1) of the Fair Work Act 2009 (Cth) (FWA) holds that a party to an Application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC).  However, there are circumstances when the other side’s costs can be imposed on a party to an Application.  This article outlines these circumstances. [Read more…]

What is the Modern Slavery Act 2018 (Cth)?

The Australian Modern Slavery Act 2018(Cth) (Act) entered into force on 1 January 2019, which established a national Modern Slavery Reporting Requirement (Reporting Requirement) throughout the country.  The Reporting Requirement applies to businesses and entities with annual consolidated revenue of AUD$100 million or more.  The purpose of the Reporting Requirement is to support the Australian business community in addressing and identifying modern slavery risks, as well as maintaining transparent and responsible supply chains. [Read more…]

Costs in unfair dismissal applications – part 3

Previous articles by Dundas Lawyers have looked at the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal application (Application).  To recap, section 611(1) of the Fair Work Act 2009 (FWA) holds that a party to an Application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC).  However, there are circumstances when the other side’s costs can be imposed on a party to an Application.  This article outlines these circumstances. [Read more…]

What is an exclusive supply contract?

An exclusive supply contract (Exclusive Supply Contract), also known as Exclusive Dealing, occurs when one party trading with another imposes some form of restriction on the other’s freedom to choose with whom, in what, or where they deal.  Some examples of Exclusive Dealing may include:

  • the supplier being restricted to supplying the goods in a specific geographical area, or through a particular channel; or
  • restricting a purchaser from buying the same or similar goods from other suppliers.

This article outlines what an Exclusive Supply Contract or Exclusive Dealing is and when it may not be legal. [Read more…]

Software royalties and income tax

The Australian Taxation Office (ATO) recently released a draft Taxation Ruling (TR) 2021/D4 (Draft Ruling) which considers whether certain software related royalties may be taxable.  In short, the Draft Ruling provides a much needed, and quite broad, scope for when consideration of computer software will be a royalty for income tax purposes.  This article discusses this broadened scope. [Read more…]

Non-fungible tokens – the new way to own IP?

Non-fungible tokens (NFTs) have been making headlines recently for being sold at auction for enormous sums of money.  Business school drop-out turned American DJ, 3LAU, apparently sold his NFT collection just over a month ago for $11.6 million USD ($15 million AUD).[1]  Grimes, otherwise known as Claire Boucher, a prominent musician and partner to Tesla CEO, Elon Musk, sold multiple digital artworks amounting to a total of $6 million USD ($7.79 million AUD).[2]

So what are NFTs and how can they help you protect your intellectual property (IP)? [Read more…]

Unjustified threats of trademark infringement

Where a party threatens another with legal proceedings for trademark infringement the recipient of the threats may have grounds to commence proceedings for making unjust threats.  In other words where the threats are unjustified the recipient may apply to the Court for relief from the unjust threats. [Read more…]

What are moral rights?

Moral rights are given to authors of copyright works which were introduced subsequent to the passing of the Copyright Amendment (Moral Rights) Act 2000 (Cth) (Amendment).  This amended the Copyright Act 1968 (Cth) (Act) by inserting sections 189 through to 195AZO.

The Revised Explanatory Memorandum, Copyright Amendment (Moral Rights) Bill 1999 (Cth), which explains Parliaments intention under the Amendment, and section 189 of the Act provide for the addition of three (3) moral rights in respect of authors and performers: [Read more…]

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