Legal insights

  • Cost awards in unfair dismissal cases – part 3

    Cost awards in unfair dismissal cases – part 3

    This article looks at when costs orders can be imposed on a party to an unfair dismissal application, with an example of how costs orders can be imposed on a complainant employee.

  • What are exclusive supply contracts?

    What are exclusive supply contracts?

    The Court must consider whether the applicant has no other effective remedy, and if the information is sought for criminal proceedings, that there is a reasonable potential it will lead to conviction.

  • Software royalties and income tax – explained

    Software royalties and income tax – explained

    Discover how the Australian Taxation Office (ATO)’s draft Taxation Ruling 2021/D4 could affect your business. Learn more about the expanded scope of what is considered a royalty for income tax purposes and the potential tax implications.

  • Non-fungible tokens – a new way to hold IP?

    Non-fungible tokens – a new way to hold IP?

    Discover the rising phenomenon of Non-Fungible Tokens (NFTs) and how they can help protect your Intellectual Property (IP). Learn how NFTs works, its benefits for rights holders, and potential legal issues. Get the full picture here.

  • Unjustified trade mark infringement threats

    Unjustified trade mark infringement threats

    Comprehensive list of Australian Court decisions and related legislation covering corporate, technology, intellectual property, commercial, employment, negligence, confidentiality, copyright, moral rights, user generated content, click wrap/browse wrap, trademarks, torts and social media law.

  • What exactly are moral rights?

    What exactly are moral rights?

    This article provides an overview of moral rights in Australia, including the three moral rights available to authors and performers, the works protected by them, their retrospective application, when they may be infringed, and the case of Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136 (Meskenas). Helping readers understand the implications of moral rights…

  • Equal ownership and shareholder oppression risks

    Equal ownership and shareholder oppression risks

    Case of Cody v Live Board Holdings Limited [2014] NSWSC 78 shows need for precise drafting of Shareholders’ Agreements and Constitutions to comply with Corporations Act 2001 (Cth) and remove any inconsistencies between documents and ensure Directors’ actions are clear.

  • How much copying leads to copyright infringement?

    How much copying leads to copyright infringement?

    This article outlines the definition of Literary Works, the subsistence of copyright in such works, and the test for infringement of copyright under the Copyright Act 1968 (Cth). It also provides an overview of the four major characteristics to consider when determining if copying is substantial.

  • The Australian Cyber Law Map – overview

    The Australian Cyber Law Map – overview

    The Australian Cyber Law Map provides clarity on ever-changing legal landscape, covering commercial enterprises, cyber offences, infrastructure, international law, national security and personal rights. A source for understanding laws and providing safety/security in the digital age.

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