Category: Commercial Law

News

Mandatory Climate Reporting Requirements for Directors
POSTED: 19 Jan 2024
Commercial Law
There is a current proposal for climate reporting obligations, based on global standards, to be imposed on large Australian corporations and financial institutions from July 2024.
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News

Reform of the Privacy Act: the future of privacy obligations in business
POSTED: 07 Dec 2023
Commercial Law
In December 2019, the Attorney-General announced a review of the Privacy Act 1988 (Cth) (Privacy Act) which resulted in the ‘Privacy Act Review Report’ published in February 2023 (Report). The Report included 116 proposals for reform of the Privacy Act.
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News

NSW Government Plans to Reform Building Industry Laws
POSTED: 16 Oct 2023
Commercial Law
On 25 November 2022, the NSW Government completed public consultations for the following proposed bills to ensure best practices regulation of building work within the building and construction sector by 2025:
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News

Business Buyer Beware! Excessive restraint of trade provisions
POSTED: 11 Sep 2023
Commercial Law
The recent case of DXC Eclipse Pty Ltd v Wildsmith [2023] is a warning to parties that restraint of trade provisions must be appropriate in the circumstances of the transaction to avoid being found unenforceable.
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News

Use it or lose it: a warning to owners of registered trade marks
POSTED: 07 Jul 2023
Commercial Law
The recent decision of Seven Network (Operations) Limited v 7-Eleven Inc [2023] FCA 608 is an ongoing reminder that you need to ‘use’ your registered trade mark(s) to prevent the risk of losing it (including your exclusive right to deal in that mark).
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News

Excessive security in standard terms and conditions: a warning to businesses
POSTED: 10 May 2023
Commercial Law
Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204 is a warning to businesses to be mindful of their security and charging clauses in standard terms and conditions (i.e. ‘take it or leave it’ contracts) to avoid such clauses being found to be void and therefore unenforceable.
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News

Commercial contracts and changing circumstances in the law: the case of Laundy Hotels v Dyco Hotels
POSTED: 28 Mar 2023
Commercial Law
On 8 March 2023, the High Court of Australia delivered its judgment in the case of Laundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited [2023] HCA 6, providing insight as to how contractual obligations to carry on a business in its usual course are to be interpreted in...
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News

Public Use of the Aboriginal Flag: Restrictions that Australians and Australian Businesses Should Keep in Mind
POSTED: 03 Jan 2023
Commercial Law
Prior to changes this year, the use of the Aboriginal Flag (Flag) required the permission of the copyright owner and creator of the Flag, Mr Harold Thomas (Mr Thomas).
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News

Businesses Beware! Changes to the Unfair Contract Terms Regime and Higher Penalties Under The Competition and Consumer Act 2010 (Cth)
POSTED: 09 Nov 2022
Commercial Law
With the passing of the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (Bill) on 27 October 2022, significant amendments to the Competition and Consumer Act 2010 (Cth) (Act) and the Australian Consumer Law (ACL) will soon become law, being:
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News

Charities undertaking commercial activities – when can you do it and when can you not?
POSTED: 29 Aug 2022
Commercial Law
It may seem antithetical for charities to be engaging in commercial activities; the general purpose of charitable organisations is to engage in charity work (which by definition is not commercial in nature).
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