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upcoming broadening of unfair terms protections

Upcoming Bolstering of Unfair Terms Protections – What You Need to Know

By Rhys Munzel, Senior Associate Draft legislation was recently released proposing to bolster consumer and small business protections against unfair terms. Including, introducing penalties and a broader range of remedies against breaches of unfair terms protections. What are unfair terms? This concept has been protecting Australian consumers and small businesses from one-sided standard form contracts … Read More

Combustible Cladding News Update – A Brief Reprieve But An Inevitable End

By Malcolm Liu, Lawyer and Chloe Moorfoot, Partner On 16 September 2021, the Building Amendment (Registration and Other Matters) Bill 2021 (Bill) passed the third reading in the First House: Legislative Assembly. Hence, amongst other amendments, section 49A of the Bill proposes to amend section 134(2) of the Building Act 1993 (Act) by extending the … Read More

dgrs to be registers with the acnc after 14th December 2021

2 Months to Go: DGRs to be ACNC-registered after 14 December 2021

By Julian Ryan, Senior Associate and Olivia Cassano, Lawyer. As of 14 December 2021, all non-government deductible gift recipients (DGRs) must also be registered with the Australian Charities and Not-for-profits Commission (ACNC). Significantly, these recent changes are part of a broader reform to Australia’s DGR framework, first announced almost four years ago.  Moreover, one of … Read More

Mandatory Vaccinations for Construction Workers – What does this mean for you?

By Chloe Moorfoot, Partner and Malcolm Liu, Lawyer. Significantly, on 16 September 2021, the Victorian Government announced that construction workers across Victoria will need to show evidence to their employer that they have had a first dose of a COVID-19 vaccine by 11:59pm this Thursday 23 September 2021. Moreover, public health officials have become increasingly … Read More

Rent Relief for Commercial Tenants in Victoria

By Chloe Moorfoot, Partner and Olivia Cassano, Lawyer In response to the financial hardship faced by commercial tenants as a result the coronavirus (COVID-19) pandemic, the Victorian Government announced the reintroduction of the Commercial Tenancy Relief Scheme (the Scheme). The Scheme is set out in the Commercial Tenancy Relief Scheme Regulations 2021 (Regulations). The Regulations, … Read More

Epic Games v Apple: The effectiveness of exclusive jurisdiction clauses in Australia

By Peter Francis, Partner, and Olivia Cassano, Lawyer The Full Federal Court of Australia’s decision in Epic Games, Inc v Apple Inc [2021] FCAFC 122 confirms that, in certain circumstances, an exclusive jurisdiction clause will not always be enforced. What is an exclusive jurisdiction clause? Firstly, an exclusive jurisdiction law clause enables parties to an … Read More

Victoria’s Combustible Cladding Nightmare – Local Council’s beware: Holy Sheet? We are responsible!

By Chloe Moorfoot, Partner It is estimated there are thousands of buildings in Victoria affected by the (now) defective combustible cladding issues. As the combustible cladding rectification fund dries up, it is clear that local government municipalities will be soaked by a new wave of claims and responsibilities to bring about rectification. Background of the … Read More

Preference claims are past their peak – The Full Federal Court affirms the abolition of the “peak indebtedness” rule

On 10 May 2021, the Full Federal Court of Australia handed down its decision in Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021] FCAFC 64 (Badenoch v Bryant). The Full Court affirmed the abolition of the “peak indebtedness” rule with the Court preferring … Read More

Resigning or removing company directors – no more backdating!

In February 2020, the Treasury Laws Amendment (Combatting Illegal Phoenixing) Act 2020 (Cth) (the Act) was passed to assist the regulator and liquidators to combat illegal phoenix activity. Illegal phoenix activity includes the creation of a new company to continue the business of an existing company that has been deliberately liquidated to avoid paying outstanding … Read More

Nike v Lil Nas X – Satan Shoes and the Issue of Brand Dilution from an Australian Lens

Lil Nas X recently caused more than a little controversy after he commenced distributing his personally-designed Satan Shoes, being Nike Air Max 97 runners altered (without approval) to feature a satanic theme (including allegedly adding red ink and human blood to the midsole). His efforts caught the attention of Nike, Inc., who then sued MSCHF … Read More

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