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Just and equitable grounds – but what about that helicopter?
A breakdown in the relationship between two equal shareholders of a company led to a just and equitable winding up of the company. Find out more about the remedies available to shareholders in such a situation, including just and equitable winding up, shareholder oppression, shareholders agreements, and inconsistency clauses.
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Trade mark infringement – the good faith defence
Navigating trade mark law can be difficult. This article explains the good faith defence and what circumstances must be fulfilled for it to be available, as well as relevant case law and further info.
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Admissibility of evidence from the Wayback Machine
The Federal Circuit Court found screenshots from the Wayback Machine admissible in a case on deceptive conduct, deeming them authentic and relevant.
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IP licences and government transfer duty
Ipso Facto Clauses in commercial contracts are subject to a stay on enforcement as of 1 July 2018. This stay may be extended by a Court, and there are exclusions as prescribed by regulations and declarations.
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Swiss company hands over user data
A Court order in Switzerland raises questions about Australian law enforcement’s ability to access encrypted data. This article explores the legislative perspective on accessing private or business communications, and the steps taken to protect transmitted information.
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Director identification numbers now a reality
The Federal Government has passed a law requiring all directors to obtain a Director Identification Number (DIN). Learn more about the implications of this law, including the potential penalties for non-compliance.
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Opposing a trade mark on grounds of bad faith
Court found respondent infringed copyright of Dee Snider’s works, awarding AUD $1.5 million for flagrant, contumelious infringements. Not fair or satirical.
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Present entitlement in trusts – what it means
Explore the High Court’s interpretation of “present entitlement” under the Income Tax Assessment Act 1936 (Cth). Learn when a person has a vested interest in trust assets and how the trustee’s discretion affects the beneficiary’s entitlement.
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What exactly is a franked dividend?
Discover how dividend imputation works and how the amount of tax you owe on dividends can be affected by your marginal tax rate and the company tax rate. Learn about the different types of franked dividends, such as fully franked and partially franked, and how they can impact your finances.
