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How not to terminate for non-payment
A telecommunications carrier was held liable for almost $1.5M in damages for terminating a contract without scrupulously following the contractual process. In Lime Telecom Pty Ltd v Powertel Limited [No 1] [2008] NSWSC 324, the carrier refused to accept payment.
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Fighting general protections claims
This article provides an overview of the general protections claims process and outlines key tips for employers to help them discharge the onus of proof. It covers the importance of preparing evidence and the evidence of the key decision-makers.
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Dundas Lawyers included in Doyle’s as recommended TMT Firm!
Doyle’s Guide has released their 2015 lists of Leading TMT Law Firms and Leading TMT Lawyers in Brisbane, featuring Dundas Lawyers and Legal Practitioner Director Malcolm Burrows. Discover how Dundas Lawyers are providing outstanding customer service in the technology industry.
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Anton Piller orders – preventing evidence destruction
An Anton Piller order is an extraordinary remedy used to prevent evidence destruction. This article explores scenarios in which it may be granted and the Court safeguards imposed.
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Ownership of employee inventions – disputing ownership of patents
Section 35(6) of the Copyright Act 1968 (Cth) establishes a general rule that an employer will own the copyright in many types of works if they were created by an employee or apprentice, in the course of their employment. Unfortunately, there is no such legislative equivalent in the Patents Act 1990 (Cth) (Act). The absence…
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Failure to redeem – default on redeemable preference shares
This article examines the legal issues surrounding Redeemable Preference Shares (REDP’s) and the consequences of a failure to redeem them. The remedies available to aggrieved shareholders are explored.
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Why employers require a drug and alcohol policy
Employers need to draft and implement a drug and alcohol policy to protect workers and the business from the risks associated with drug and alcohol use. This article outlines the importance of such a policy.
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Does a franchise system require registration?
This article provides an overview of the legal requirements for franchisors in Australia. Contrary to popular belief, there is no requirement to register a franchise system in the Code, meaning a franchise does not need to be ‘registered’ in Australia.
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Franchisors’ end of term arrangements – valuation of goodwill versus risk of competition
Section 23 of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) (Code) limits Franchisors in their ability to include restraint of trade clauses in Franchise Agreements, protecting Franchisees if the Agreement is not renewed. Franchisors must be aware of the implications of this Regulation when deciding not to renew an Agreement.
