COVID-19 Update

Insights

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

New Year – Trade Mark Checklist for 2021

With the beginning of the new year, it is important that you reflect on where you are and what you hope to achieve with your trade mark portfolio.  Whilst a ten-year renewal period for trade marks tends to encourage a ‘register and forget’ attitude, you can leverage and maximise your trade marks portfolio through regular … Read More

The price of them apples: Ready to license but unsure how much the technology is worth?

With new and early stage technologies, or perhaps new uses for existing technologies, the value of the technology for licensing purposes is often not able to be readily determined. In the absence of a commercialisation track record, the risk is that the value for the licensed technology (licence fees, milestone payments, royalties) may be set … Read More

A look at IP Australia’s Indigenous Knowledge Project

IP Australia (i.e. Australia’s Patent, Designs, Trade Marks and PBR Office) recently released further details of its upcoming Indigenous Knowledge Project, including a Work Plan for 2020-2021. The Work Plan outlines several proposed initiatives for greater protection of indigenous knowledge and indigenous cultural expressions. Perhaps most immediately, IP Australia has forecast upcoming consultations on proposed … Read More

Contact FAL Lawyers for all enquiries