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Think twice before claiming delay due to COVID-19
In response to COVID-19, the Federal Court of Australia has adopted virtual proceedings and is reluctant to grant stays or adjournments. Read this article to learn more about the Court’s view and the pros and cons of virtual trials.
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Particulars – their importance in civil litigation
This article provides an overview of the Federal Court’s rules and procedures for preliminary discovery, which allows potential applicants to determine if there is a good cause of action before filing a claim. Learn how to navigate the process and understand the Court’s expectations.
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IP contracts subject to restrictive trade practice provisions
Learn how the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) affects businesses licensing or assigning intellectual property (IP) rights and the penalties associated with a breach with this comprehensive guide.
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Litigation – offers to settle and the rules
This article examines the legal implications of making an offer to settle under the Uniform Civil Procedure Rules 1999 (Qld), exploring the differences between a Rule-based offer and a Calderbank offer. It provides an in-depth look into the costs of litigation for both Plaintiffs and Defendants.
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Software litigation – how much evidence is sufficient?
The Court was asked to decide if the applicant had enough info to begin proceedings for copyright infringement and breach of confidence in Qudos Mutual Ltd v Infosys Ltd [2019] FCA 702. Qudos was not satisfied with what they had, so the Court ordered the production of further documents and source code.
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Has my software been copied? – legal test explained
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
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Changes to ACL – suppliers of services to use compulsory wording
Suppliers of goods and services must now abide by changes to Australian Consumer Law or face hefty penalties. Find out what these regulations are and how they could affect your business.
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Contractual terms can be misleading – Jetstar under fire
Jetstar Airways Pty Ltd has been found to have breached the Australian Consumer Law. Find out what this means for other companies and how to protect your business.
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Legal concerns in software support agreements
Software developers must consider tech and product support services when taking software to market, such as differences between technical and product support, supported and non-supported items, and differences between installed and hosted software support agreements.
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