Legal Articles

Disputed body corporate debts

Many lot owners in community titles schemes will have on occasion, for one reason or other, missed making a contribution levy payment by the due date and thus lost the benefit of the payment discount.

Things can however get worse if the body corporate then institutes a body corporate debt recovery action. [Read more…]

Essentials for proving service in the Federal Court

When commencing proceedings in the Federal Court of Australia (Court), the applicant (Applicant) (or plaintiff), (the party who commences the proceedings) is required to serve the documents filed in the Court on all respondents (Respondents) or defendants (the party the proceedings are brought against) personally in accordance with the Federal Court Rules 2011 (Cth) (FC Rules).

In circumstances where a Respondent evades service, the Applicant will need to do everything in their power to prove to the Court that the other party has been served and made aware of the proceedings. [Read more…]

What is a Mutual Will and why would you want one?

If two (2) people agree to make wills in certain terms and further agree that the wills are not to be revoked, these are considered to be mutual wills, also known as reciprocal or corresponding wills (Mutual Will).  A common scenario involving Mutual Wills is where spouses agree to leave their estate to each other absolutely, and that their children will take the estate of the survivor upon their death in certain proportions.  Mutual Wills are required to include particular clauses which are intended to prove testamentary intent. [Read more…]

Ed Sheeran wins “Shape of You” copyright infringement lawsuit

On 6 April 2022, a judgement was handed down in the United Kingdom’s High Court of Justice in Sheeran & Ors v Chokri & Ors [2022] EWHC 827(Ch) in relation to a copyright claim against singer and songwriter Ed Sheeran (Sheeran).  It was held that Sheeran neither deliberately or subconsciously copied part of the defendants’ song “Oh Way” and used it in “Shape of You”.  This article discusses the factors considered in Sheeran and the test for copyright infringement as it applies in Australia. [Read more…]

$5K for a letter of demand – wow, but what is it really?

It wouldn’t be the first time that a lawyer heard a comment from a client complaining that a three (3) page letter of demand cost $5K, for example.   On its face, even at the hourly rates of the top tier it is quite a reasonable question.  But what is it really?  Is it just a three (3) page letter that makes a whole series of statements that is on a law firm’s letterhead, or is it more than that?

[Read more…]

Influencers finally regulated when promoting therapeutic goods

Social media influencers can be important channels for advertisers to reach large volumes of consumers.  The new Therapeutic Goods Advertising Code 2021 (Cth) (2021 TGA Code) came into effect on 1 January 2022, bringing about a number of changes to the regulatory framework for advertising therapeutic goods.  The new 2021 TGA Code provides changes to the rules regarding testimonials for therapeutic goods by social media influencers or anyone else receiving valuable consideration for their endorsement.  This article discusses the new changes introduced by the 2021 TGA Code and liability for non-compliance. [Read more…]

Reforms to employee share schemes from 1 October 2022

Changes to the Corporations Act 2001 (Cth) (CA), contained within Schedule 4 to the Treasury Law Amendment (Cost of Living Support and Other Measures) Act 2022 (Cth) (Act), will mean employees can more easily participate in employee share schemes (ESS).  This could help start-ups and cash poor businesses attract and retain employees who themselves will be able to share in the growth and success of their employers.[1]  The Act provides for this by removing the standard regulatory requirements for business offering shares and financial products to retail clients under the CA in certain circumstances.[2] [Read more…]

Implied terms in software contracts – part 2

A contract relating to software may have both express and implied terms that may be in writing or be oral or a combination of both.   Express terms are those which the parties have articulated before concluding a contract.  In contrast, implied terms are those which are unlikely to be reduced to writing, but a Court may be asked to imply into the contract to give it business efficacy. [Read more…]

Australian Court: AI can’t be an “inventor” an Australian patent

The Full Court of the Federal Court of Australia (the Federal Courts appellate court) has overruled an earlier decision relating to artificial intelligence (AI) and ‘inventor’s’ of patentable works.  In accordance with the decision in Commissioner of Patents v Thaler [2022] FCAFC 62 (Thaler), an AI can no longer be considered as an ‘inventor’ for the purposes of the Patents Act 1990 (Cth) (Act).    For a summary of the earlier decision which was the subject of this appeal, including a brief outline of the facts of the case, see our article here. [Read more…]

R&D Tax Incentive determination on clinical trials

The Australian Government Department of Industry, Science, Energy and Resources has consulted in relation to a proposed tax incentive in relation to unapproved therapeutic goods (R&D Tax Incentive).  Such incentive is proposed to enable innovation and growth to relevant companies conducting R&D activities by offsetting the costs of eligible research and development. [Read more…]

Send this to a friend