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Franchising Code amendments now in effect
The Department of Industry, Science, Energy and Resources proposed amendments to the Franchising Code of Conduct. These includes a broader Alternative Dispute Resolution process, a key facts sheet, extended cooling off period, limits on capital expenditure requirements and increased civil penalties for non-compliance.
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Preliminary discovery procedures in the Federal Court
This article provides an overview of the general rule and exceptions for issuing a disclosure document when raising capital in Australia, including related restrictions, definitions and anti-avoidance provisions.
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Amended process for applications – QLD Supreme Court
The Supreme Court of Queensland has unveiled a Protocol for Applications, offering a glimpse of civil litigation returning to pre-COVID norms. Learn more about the protocol and how it affects applications in the full article.
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Cost awards in unfair dismissal cases – part 2
The case of Clair Petersen v Kizuri Capital Pty Ltd, Maycorp Pty Ltd and Cricklewood Capital Pty Ltd T/A Allpet Products [2021] FWC 526 highlights the importance of parties engaging meaningfully and reasonably throughout the unfair dismissal process. A costs order was made against an employer who ignored settlement offers, demonstrating that such behaviour can…
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Tortious contract interference – what must be proven?
This article outlines the five elements of the tort of interference, including knowledge and intention, and provides further links and references. Learn how to claim damages against a Defendant who has caused a third party to breach their contractual obligations.
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What is the proposed “patent box” tax incentive?
The Federal Government has announced a ‘patent box’ tax regime to boost Australian biotech and medtech innovators with a $206 million corporate tax cut. Learn more about the scope, qualifications and prerequisites for patenting an invention.
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Shareholder oppression – a taxonomy of corporate wrongs
This article examines the concept of shareholder oppression and provides examples of when the Court has found oppressive conduct, as well as when it has not. It also outlines the remedies the Court prefers when faced with oppressive conduct.
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Accessory liability and copyright infringement
Manufacturers and service providers can be held liable for copyright infringement, but when? This article examines the legal implications of the Sea Shepherd (UK) v Fish & Fish Ltd [2015] UKSC 10 case and accessory liability.
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Changes for casual employment – employer’s responsibilites
The Fair Work Amendment Act 2021 (Cth) has changed the landscape of employment for casual employees. Employers need to be aware of the amended definition of casual employees, the “casual conversion” option and the requirement to provide a Casual Employment Information Statement (CEIS).
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