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Bullying in the workplace by a body corporate
This investigation reveals the legal implications of workplace bullying in a body corporate. Find out what the Obligations of Reasonableness and the Fair Work Act 2009 (Cth) mean for workers and how to apply for an order to stop the bullying.
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Security for legal costs in patent invalidity cross-claims
This article examines the application of section 232 of the Corporations Act 2001 (Cth) in 50/50 or equal ownership disputes. The WA Supreme Court has found that oppressive conduct can still be asserted in equal ownership situations.
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Use of competitor’s confidential information
Many businesses try to increase market share by employing a competitor’s member of staff who may bring with them relationships and information acquired over the years. Employees owe fiduciary duties to their employers meaning, among other things, that an employee cannot make a personal gain by using confidential information acquired in the course of their…
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Unfair preferences & unperfected security interests
When a customer is placed in liquidation, it’s essential to secure credit to avoid unfair preference claims. Learn more about the implications of this in the case of Trenfield and Ors v HAG Import Corporation (Australia) Pty Ltd [2018] QDC 107.
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Patent infringement lawyer
This article explores the complexities of patent infringement in Australia. Learn more about the patent layout, essential integers, and remedies available to protect your intellectual property.
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Changes to copyright protection durations
The Australian Government passed a major amendment to the Copyright Act 1968 (Cth) which will have a significant impact on copyright materials. Find out what the changes are and how they may affect you by reading this article.
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Patent revocation due to lack of novelty
One of the often cited requirements for a patent to be granted, is that the invention as claimed must be ‘novel’ in light of the information of the day (referred to as the prior art and the common general knowledge) (section 18(1)(b)(i) of the Patents Act 1990 (Cth) (Patents Act)). Put simply, if its been…
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Patents and the threshold for registration
Learn about the different types of patents available in Australia, their requirements for patentability, and how to protect your invention with this article. Discover what can and cannot be patented, and the legal implications of obtaining a patent. Get the facts you need to know about patents in Australia.
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Understanding patent revocation
Engaging in transfers of intellectual property? Beware of transferring goodwill too. The case of Favotto Family Restaurants Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 120 highlights the concept of goodwill and its three (3) aspects, as well as how it affects the ability to generate earnings from identifiable assets.
