Category: Commercial Law

News

POSTED: 11 Sep 2023
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

POSTED: 07 Jul 2023
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

POSTED: 10 May 2023
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

POSTED: 28 Mar 2023
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

POSTED: 03 Jan 2023
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

POSTED: 09 Nov 2022
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

POSTED: 29 Aug 2022
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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News

POSTED: 19 Jul 2022
On 1 April 2022, the Franchising Code of Conduct (Code) was amended by the Competition and Consumer (Industry Codes – Franchising) Amendment (Franchise Disclosure Register) Regulations 2022 (Cth) (Regulations).
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News

POSTED: 26 May 2022
Restraint of trade clauses in commercial contracts (i.e. shareholder agreements, franchise agreements, business sale agreements, share sale agreements etc.) act as a safeguard of a party’s valuable commercial interests and assets.
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News

POSTED: 06 Apr 2022
The Corporations Amendment (Meetings and Documents) Act 2021 (the Act) has made changes to the Corporations Act 2001 (Cth) (the Corporations Act) providing greater certainty and flexibility to companies by (amongst other changes):
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