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COVID-era electronic signing of documents to continue
The Treasury Laws Amendment Bill 2021 gives companies the power to conduct business virtually, with the ability to execute documents electronically, hold virtual meetings, and maintain electronic minute books. A practical solution to pandemic-related challenges.
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QBCC Home Warranty Insurance Claims – pt 4
In Schneider v Queensland Building and Construction Commission [2021] QCA 155, the Court of Appeal held that the QBCC Home Warranty Insurance Scheme does not extend to prepayments for residential construction work yet to be performed. Read Dundas Lawyers’ article to learn more.
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A test for the infringement of circuit layout rights
This article explores the legal implications of circuit layouts, such as what qualifies as an eligible layout, the exclusive rights granted, and exceptions to infringement. Learn more by reading the case of Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA 1807, discussed in the article.
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Is AI recognized as an inventor under the Patents Act 1990?
The ruling of Thaler v Commissioner of Patents [2021] FCA 879 has opened the door for artificial intelligence-created inventions to be eligible for patent protection. Learn more about the implications of this groundbreaking decision.
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What exactly is a Norwich Pharmacal order?
In situations where an innocent third party has information about conduct which may assist a litigant, an applicant apply to the Court to have that third party disclose such information. For example, a bank which has knowledge of a transaction or conduct that would assist a litigant it may be obliged to hand over the…
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Interlocutory injunctions and damages undertakings
An interlocutory injunction may be sought by a patent owner to stop a defendant from infringing their patent. This article examines the two elements that must be established by an Applicant and the considerations the Court will take into account when making its decision.
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Cost awards in unfair dismissal cases – part 4
This article examines the rare but possible situation in which an employee could be liable to pay the employer’s costs in an Application under the Fair Work Act 2009 (Cth). Find out more about this situation and the case of Ewan Chapman v Ignis Labs Pty Ltd t/a Ignis Labs [2021] FWCFB 932.
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The Modern Slavery Act 2018 (Cth) – explained
Australian businesses with annual consolidated revenue of AUD$100 million or more must now file a Modern Slavery Statement to the government’s online register, addressing modern slavery risks and due diligence/remediation processes. Lower revenue entities can also file voluntarily.
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Calculating account of profits – trade mark infringement
This article examines the calculation of damages when an account of profits is awarded as a remedy for trade mark infringement. It covers the general principle, the proportionality rule, and the deduction of overhead costs.
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