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Financial forecast risks for businesses
Article Summary: When faced with patent infringement allegations, a respondent may cross-claim for invalidity. This article examines the factors to be considered when the Federal Court of Australia makes a security for costs order against the cross-claimant.
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Phasing out the innovation patent system
The Senate has recommended a bill that could have a major impact on small and medium-sized businesses. Find out what changes are proposed and what it could mean for your intellectual property.
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IP contracts subject to restrictive trade practice provisions
Learn how the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) affects businesses licensing or assigning intellectual property (IP) rights and the penalties associated with a breach with this comprehensive guide.
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QBBC Home Warranty Insurance – part 1
This article examines the Queensland Building and Construction Commission Act 1991 (QBCC Act) and the QBCC Home Warranty Insurance scheme. Find out when you may be able to make a claim for non-completion or defective work.
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Litigation – offers to settle and the rules
This article examines the legal implications of making an offer to settle under the Uniform Civil Procedure Rules 1999 (Qld), exploring the differences between a Rule-based offer and a Calderbank offer. It provides an in-depth look into the costs of litigation for both Plaintiffs and Defendants.
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Software litigation – how much evidence is sufficient?
The Court was asked to decide if the applicant had enough info to begin proceedings for copyright infringement and breach of confidence in Qudos Mutual Ltd v Infosys Ltd [2019] FCA 702. Qudos was not satisfied with what they had, so the Court ordered the production of further documents and source code.
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Has my software been copied? – legal test explained
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
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Termination for incomplete construction
Parties to residential construction contracts should be aware that terminating a contract due to incomplete works can have serious consequences. Find out how to protect yourself and your insurance claim in this case study.
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Company funds must be used for company purposes
This article examines the legal principles behind when it is permissible to use company funds, focusing on the case of Re D G Brims and Sons Pty Ltd (1995) 16 ASCR 559, which established that company funds must only be used for company purposes and not to pay for legal costs of proceedings for the…
