COVID-19 Update

Insights

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

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

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

Liquidated Damages after the COVID-19 Pandemic in the Construction Industry

The COVID-19 pandemic has severely disrupted the schedules for most construction projects in Victoria and Australia. As such, construction industry bodies (like the Master Builders Association) fear a surging wave of litigation will hit the construction sector as statutory demand and debt collection protections are lifted as the country recovers economically from the pandemic. Liquidated … Read More

High-Rises in Construction Insolvencies 2021: Builders to Feel the Pressure from Statutory Demand Protections Lifting and Other Reversals

During the COVID-19 pandemic, the Australian and Victorian government instituted several legislative changes and policies to reduce the financial impact suffered by businesses, including instituting additional protections and financial support packages. As the Australian economy slowly comes out of the pandemic, these measures are also being slowly being removed as the country reverts to pre-COVID … Read More

Starting a Technology Start-Up? Dream big and plan to avoid your dreams come crashing down

There is an abundance of material available for those thinking of establishing a start-up, including a multitude of lists of the top do’s and don’ts. It is estimated that there are 50 million new businesses launched every year in the world (or 137,000 a day). Australia-specific figures are not readily available but some estimates put … Read More

A good news business story from 2020 – the continuing growth Eloments Organic Vitamin Tea

Amidst a universally acknowledged horrible year for new Australian businesses, it is nice to highlight the emergency of a business moving forward with new innovative products. Co-founded by Julie Hirsch and Nicole Lamond, Eloments Organic Vitamin Tea is one of the world’s first natural vitamin and mineral enriched brands, designed to provide customers an easy … Read More

Reporting obligations of companies limited by guarantee

What is a company limited by guarantee? In Australia, a company limited by guarantee (CLG) is subject to the Corporations Act 2001 (Cth) (Corporations Act) administered by the Australian Securities and Investments Commission (ASIC). Note: sections mentioned below refer to the Corporations Act. A “company limited by guarantee” is defined as a type of public … Read More

Issuing valid invoices under the Building and Construction Industry Security of Payments Act; when does an entitlement to the invoiced amount arise and consequences of invalid invoices

The Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act) serves to act as an alternative to traditional litigation for the recovery of unpaid invoices and payments claims in the construction industry, with the benefit of being a quicker method of resolution. However, as a trade-off for such speed efficiency is the … Read More

Intellectual Property Summary

In this briefing, we provide an overarching summary of the key types of intellectual property being: Confidential Information Patents Copyright Trade marks – unregistered and registered Registered designs Plant Variety Rights 1. Confidential Information Example: Secret information about how a mouse trap works Protection: Requires strict secrecy Duration: Protected until publicly disclosed, including if independently … Read More

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