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Litigation and disputes

  • The importance of evidence

    The importance of evidence

    This article explores the different types of evidence and their importance in civil and intellectual property litigation. Learn more about the rules of evidence and how they apply to your case by reading the full article.

  • What are your disclosure obligations?

    What are your disclosure obligations?

    Litigation proceedings in Queensland are subject to disclosure obligations. This article explains when disclosure is due, what documents must be disclosed, and documents that do not need to be disclosed under the Uniform Civil Procedure Rules 1999 (Qld).

  • Software licences classified as “goods” under the ACL

    Software licences classified as “goods” under the ACL

    This Federal Court case highlights the risks of supplying goods and services to Australian consumers. Companies should be aware of their legal obligations and seek advice to ensure their contractual terms comply with Australian Consumer Law. Find out more about the case and its implications.

  • Intellectual property theft and employee information theft

    Intellectual property theft and employee information theft

    Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129 (Leica Geosystems) is a notable court case involving an Anton Piller order and employee theft. Find out more about what this means for companies and their intellectual property rights.

  • Anton Piller orders – preventing evidence destruction

    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.

  • Reverse engineering of software – legal boundaries?

    Reverse engineering of software – legal boundaries?

    Reverse engineering software in Australia is complex, with legal implications and cases providing authority on “infringing” verses “non-infringing” reverse engineering. Courts have provided some protection to intellectual property (IP) through licence agreements and distinguishing between ideas and expressions of a program.

  • Deceiving conduct costs Coles a lot of dough: ACCC v Coles Supermarkets Australia Pty Limited [2015] FCA 330

    Deceiving conduct costs Coles a lot of dough: ACCC v Coles Supermarkets Australia Pty Limited [2015] FCA 330

    Coles Supermarkets has been ordered to pay a $2.5 million penalty for breaching the Australian Consumer Law. The Federal Court ruling serves as a reminder to businesses to be aware of their obligations under the Competition and Consumer Act and the Australian Consumer Law.

  • Enforcing QCAT decisions in practice

    Enforcing QCAT decisions in practice

    Queensland Civil and Administrative Tribunal (QCAT) has been established to provide the public with a fast, cost-effective way to resolve disputes. Proposed amendments to the Justice and Other Legislation Amendment Bill 2014 could help streamline the process, providing immunity for members and clarifying ambiguities in the Queensland Civil and Administrative Tribunal Act 2009.

  • Shareholder oppression – Victorian Supreme Court adopts pilot program to resolve oppression disputes

    Shareholder oppression – Victorian Supreme Court adopts pilot program to resolve oppression disputes

    The Victorian Supreme Court has launched a pilot program to help resolve shareholder oppression disputes in a more efficient and cost-effective way. Find out more about the program and its implications for shareholders.

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