Category: Commercial Law

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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News

Franchise Disclosure Register: A push for quality disclosure
POSTED: 19 Jul 2022
Commercial Law
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

Restraint of Trade Clauses in Commercial Contracts
POSTED: 26 May 2022
Commercial Law
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

Here to Stay: Electronic Executions and Virtual Meetings for Companies
POSTED: 06 Apr 2022
Commercial Law
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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