Latest publications
How do courts enforce restraint of trade clauses?
In Brief Following on from our earlier article regarding Preserving your business through restraint of trade clauses, the New South Wales Supreme Court has recently handed down a decision which provides valuable insight into the approach that the judiciary takes to enforcing restraint of trade clauses. Seven Network (Operations) Ltd 7 ors v James Warburton…
What’s the worst that could happen if I don’t have a valid will?
In Brief Estate planning is not something we generally think about as we go about leading our busy lives. But what many of us fail to see is that neglecting to carry out this process could have serious ramifications for our families and their futures. Having properly considered and drafted estate planning…
6 tips for business owners
1. Evaluate opportunities Before embarking on a new venture, starting a new business or adding a new group to your existing business you should test your new opportunity by using an evaluation model. We see too many people with a business idea, who neglect to undertake basic research and due diligence. Do not make…
“Best endeavours” and “reasonable endeavours” is there a difference?
In brief – Australian interpretation different to the UK In the UK, the term “best endeavours” implies a higher standard than the term “reasonable endeavours”. However, in Australia the terms appear to have the same practical effect. English position – “best endeavours” means a higher threshold must be met In England, it seems that the…
Lucasfilm — Replica Star Wars imperial stormtrooper helmets not protected by copyright
In Brief The UK Supreme Court recently handed down its decision in an appeal by Lucasfilm concerning the intellectual property rights in various artefacts made for use in the first Star Wars film and reproduced by Mr Ainsworth in 2004. This decision is a vital lesson for anyone in Australia involved in…
Options available for women seeking equal pay
“Over the course of her career, an Australian woman will earn $1 million less than a man, and will retire with less than half the savings in her superannuation account.” - Sharan Burrow, ACTU president, October 2009 Gender wage gap increasing for Australian women Despite the fact that women in Australia won the right…
Retail lease bonds and dispute resolution options
In Brief When the retail markets slow, disputes between landlord and tenant tend to arise and a claim on the bond money may soon follow. A Landlord must ensure that it complies with the provisions of the Retail Leases Act 1994 in respect to the lodgement of the bond. Lodgement of security Section 16C of the Retail…
Landlords and tenants need to be careful about incurring expenses before being bound to the lease
In Brief Both landlords and tenants should take care to ensure that the other party is bound by the lease rather than incurring significant expenses on the assumption that the lease will proceed. The risk Landlords and tenants often begin spending money or incurring costs to create and fitout leased premises prior to…
Australian Senate Committee rejects Bill that seeks to prevent the patenting of human genes
In Brief The Australian Senate Committee Report on proposals to amend the Patents Act to prohibit patenting of human genes and other biological materials existing in nature has made a single recommendation “that the Senate should not pass the Bill”. On 26 November 2010, the Senate referred the Patent Amendment (Human Genes…
Can you stand down employees during a period disrupted by protected industrial action?
In Brief Employers seeking to minimise their losses associated with industrial action should take note of a recent decision of Fair Work Australia which clarifies the ability of an employer to stand down employees during such a period. Australian Manufacturing Workers Union (“AMWU”) v McCain Foods (Aust) Pty Ltd [2011] FWA 6810 McCain…