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Offers to settle: Federal Court Rules c.f. Calderbank offers
Settling out of Court can bring advantages, but parties must be aware of potential legal costs consequences of offers. Rejecting an offer unreasonably can lead to paying other’s costs or losing entitlement to costs.
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Contesting patent ownership between joint inventors
This article provides an overview of the conditions for patent grant, joint inventorship tests, and standard of proof for disputes in relation to contested patent ownership in Australia.
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What is a data breach response plan and how do you obtain one?
Organizations must now comply with the Notifiable Data Breaches Scheme. Learn how to create a Data Breach Response Plan and why it is so important for compliance.
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What is an injunction – Australian law?
This article provides an overview of two main categories of tax applied to a person’s Fund: Contributions Tax and Investment Tax. Examples of how these taxes are applied are also included.
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Shareholders’ right to information
When shareholders are restricted from accessing company information, it may be a sign of a dispute. The Corporations Act 2001 (Cth) provides mechanisms for minority shareholders to obtain relevant information, but they must prove they are acting in ‘good faith’ and ‘for a proper purpose’.
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Notifiable Data Breach Scheme commenced 23 Feb 2018
As of 23 February 2018, certain entities must notify affected individuals of eligible data breaches under the Privacy Act 1988 (Cth). Penalties for non-compliance can reach up to $420,000. Learn more about who’s affected, what constitutes serious harm, how to assess likelihood of harm, and how to prepare a response plan.
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Is your liquidated damages clause a penalty?
This article explores the enforceability of liquidated damages clauses in contracts, examining tests, and precedent cases to determine when a clause is a “genuine pre-estimate of damages” and not a penalty.
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When is a company classified as an Australian resident for tax purposes?
Employers should draft and implement a drug and alcohol policy to protect workers and the business from the risks associated with drug and alcohol use. This article outlines the importance of such a policy.
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Is exporting a product a trade mark infringement?
The Trade Marks Act 1995 (Cth) provides protection to Australian trade mark owners, but what happens when their mark is used overseas? Learn more about the protection the Trade Marks Act provides, and the remedies for infringement, by clicking through to the full article.
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