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Tortious contract interference – injunctive relief
The wrongful or “tortious” interference with a contract occurs when a third party intentionally causes a contracting party to commit a breach of contract. The third party will be liable if they intentionally induced or disrupted a party’s ability to perform the terms of a binding contract. Remedies for tortious interference are available to ensure…
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Misuse of confidential information within source code
In Australia, computer code can amount to confidential information as well as being subject to copyright protection. In some cases the two things overlap as was the case in decision of the Court in Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21.
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Are contract recitals legally binding?
Recitals, also known as the “preamble” or “details” clauses (Recitals) are introductory statements at the start of a contract that provide context, background or reasons for the terms and conditions that follow. They have been historically used by the Courts to aid in the interpretation of ambiguous terms and are capable of including essential provisions…
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Compensation and breaches of directors’ duties
Should it be held that a director of a company has breached their statutory duties, as contained in the Corporations Act 2001 (Cth) (Act), then the question arises as to how a Court will determine the amount of compensation to be paid by the errant director. The remedies provided for in the Act include declaratory…
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IP Australia follows Madrid Goods and Services list
From 26 March 2024, IP Australia has implemented the internationally recognised Madrid Goods and Services list (Madrid List), replacing the AU Goods and Services Picklist.[1] The adoption of the Madrid List comes as Intellectual Property Australia (IP Australia) seeks to align the Australian classification standards with the other intellectual property offices around the world.
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The “right to disconnect” from modern workplaces
The right to disconnect, as contained in Part 8 of the Fair Work Amendment (Closing Loopholes No. 2) Bill (Bill), gives employees the right to refuse contact from their employers (or related parties) outside of their working hours, unless the refusal is unreasonable. The changes in Part 8 amend various sections of the Fair Work…
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Provisional liquidators in shareholder disputes
The appointment of a provisional liquidator may be appropriate in shareholder disputes if there are genuine concerns that there is a risk a company’s assets will be dissipated, there are potential solvency concerns and all other alternatives have been exhausted. The appointment of a provisional liquidator by a Court has been said to be ‘a…
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Top stoic quotes from Justice Lee in Lehrmann v Network Ten
On 15 April 2024 Justice Lee handed down his decision in the case of Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369. This matter has attracted a large amount of media attention and for this reason alone it was interesting to watch Justice Lee read his decision via live stream on YouTube:…
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Unfair contract terms, penalties & ACCC v Employsure 2020
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should be given to the inclusion of clauses of this nature in standard form contracts, especially…
