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Litigation and disputes

  • 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.

  • Changes to Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634

    Changes to Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634

    Coles has been found to have breached the Australian Consumer Law (ACL). Find out what this means and how it could affect you. Get in touch for an obligation free and confidential discussion.

  • Misleading and deceptive conduct in commercial dealings

    Misleading and deceptive conduct in commercial dealings

    Business dealings between two or more parties often involve statements or representations during negotiations prior to reaching a concluded bargain. This article considers some case examples of conduct found to be misleading and deceptive in a variety of common business and commercial settings

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