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What exactly is an advertising sign-off?
Injunctions are Court orders that can restrain almost any conduct. Prohibitory, Mandatory, and Ex Parte injunctions can be sought if serious question to be tried, urgency, damages would not suffice, and the balance of convenience favours the applicant.
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Productivity Commission publish report on the Workplace Relations Framework
The Productivity Commission has released a draft report on the workplace relations framework, with suggestions that could affect penalty rates, minimum wages, and unfair dismissal. Learn more about the proposed changes and have your say.
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Federal government proposes new crowdfunding regulations
Treasury releases consultation paper on Camps, Sports and Excursions Fund (CSEF) for public companies, part of 2015-16 budget package. Restrictions and exemptions outlined, with comments due by August 31. Further details to be released later in year.
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Online copyright infringement and stolen websites in Australia
This article examines copyright infringement, using the case of Motorcycle Aftermarket Spares Pty Ltd v Tamworth Cycle Tune Pty Ltd [2014] FCA 1433 as a warning to those who reproduce copyrighted material without permission. The Courts take a serious view of such actions.
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How not to terminate for non-payment
A telecommunications carrier was held liable for almost $1.5M in damages for terminating a contract without scrupulously following the contractual process. In Lime Telecom Pty Ltd v Powertel Limited [No 1] [2008] NSWSC 324, the carrier refused to accept payment.
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Fighting general protections claims
This article provides an overview of the general protections claims process and outlines key tips for employers to help them discharge the onus of proof. It covers the importance of preparing evidence and the evidence of the key decision-makers.
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Anton Piller orders – preventing evidence destruction
An Anton Piller order is an extraordinary remedy used to prevent evidence destruction. This article explores scenarios in which it may be granted and the Court safeguards imposed.
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Ownership of employee inventions – disputing ownership of patents
Section 35(6) of the Copyright Act 1968 (Cth) establishes a general rule that an employer will own the copyright in many types of works if they were created by an employee or apprentice, in the course of their employment. Unfortunately, there is no such legislative equivalent in the Patents Act 1990 (Cth) (Act). The absence…
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Failure to redeem – default on redeemable preference shares
This article examines the legal issues surrounding Redeemable Preference Shares (REDP’s) and the consequences of a failure to redeem them. The remedies available to aggrieved shareholders are explored.
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