-
What exactly are moral rights?
This article provides an overview of moral rights in Australia, including the three moral rights available to authors and performers, the works protected by them, their retrospective application, when they may be infringed, and the case of Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136 (Meskenas). Helping readers understand the implications of moral rights…
-
Equal ownership and shareholder oppression risks
Case of Cody v Live Board Holdings Limited [2014] NSWSC 78 shows need for precise drafting of Shareholders’ Agreements and Constitutions to comply with Corporations Act 2001 (Cth) and remove any inconsistencies between documents and ensure Directors’ actions are clear.
-
How much copying leads to copyright infringement?
This article outlines the definition of Literary Works, the subsistence of copyright in such works, and the test for infringement of copyright under the Copyright Act 1968 (Cth). It also provides an overview of the four major characteristics to consider when determining if copying is substantial.
-
The Australian Cyber Law Map – overview
The Australian Cyber Law Map provides clarity on ever-changing legal landscape, covering commercial enterprises, cyber offences, infrastructure, international law, national security and personal rights. A source for understanding laws and providing safety/security in the digital age.
-
Franchising Code amendments now in effect
The Department of Industry, Science, Energy and Resources proposed amendments to the Franchising Code of Conduct. These includes a broader Alternative Dispute Resolution process, a key facts sheet, extended cooling off period, limits on capital expenditure requirements and increased civil penalties for non-compliance.
-
Preliminary discovery procedures in the Federal Court
This article provides an overview of the general rule and exceptions for issuing a disclosure document when raising capital in Australia, including related restrictions, definitions and anti-avoidance provisions.
-
Amended process for applications – QLD Supreme Court
The Supreme Court of Queensland has unveiled a Protocol for Applications, offering a glimpse of civil litigation returning to pre-COVID norms. Learn more about the protocol and how it affects applications in the full article.
-
Cost awards in unfair dismissal cases – part 2
The case of Clair Petersen v Kizuri Capital Pty Ltd, Maycorp Pty Ltd and Cricklewood Capital Pty Ltd T/A Allpet Products [2021] FWC 526 highlights the importance of parties engaging meaningfully and reasonably throughout the unfair dismissal process. A costs order was made against an employer who ignored settlement offers, demonstrating that such behaviour can…
-
Tortious contract interference – what must be proven?
This article outlines the five elements of the tort of interference, including knowledge and intention, and provides further links and references. Learn how to claim damages against a Defendant who has caused a third party to breach their contractual obligations.
