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Just and equitable winding up – shareholder oppression
Discontinuing proceedings in the Federal Court of Australia can be costly, as the default position is that the discontinuing party pays the other party’s costs. However, the Court has discretion to award costs and may consider the parties’ conduct and reasons for discontinuance.
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Proposed changes to use of orphan works
Get the full details on the copyright framework and how it affects users of orphan works.
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Categories of discovery – Federal Court
This article provides an overview of the process of seeking discovery of documents in a matter before the Federal Court of Australia. It covers the requirements for standard, non-standard and more extensive discovery, as well as the definition of a category of documents.
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Shareholders’ agreements & deadlock clauses
Deadlock Clauses in Shareholders’ Agreements can prevent shareholder oppression. Learn about different types of clauses, dispute resolution provisions and financial implications. Read on to find out more.
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My client poached my software developers – what can I do?
This article examines how professional service businesses can protect their investment in employees from clients poaching them. It looks at potential clauses such as client agreements, non-solicitation of employees, restraints of trade, confidential information, copyright and more.
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Cooperative marketing funds – what are they?
Franchisors must be aware of their obligations when managing cooperative marketing funds. Learn more about the regulations and potential penalties for non-compliance with the Franchising Code.
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Emojis used online can be defamatory – watch out!
This Australian Court case is the first to consider whether emojis can be defamatory. Find out what the Court concluded about this novel legal question.
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Preliminary discovery granted in patent litigation
The Federal Court has weighed the patentee’s right to protect their intellectual property against the threshold for suspected patent infringement. Learn more about this case and its implications by reading the full article.
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Consolidation of proceedings – Federal Court
Rule 30.11 of the Federal Court Rules 2011 (Cth) allows the Court to consolidate or hear together/consecutively related proceedings. This article examines the factors for the Court to consider and steps for parties seeking an order.
