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Government Model Litigant – Guidelines & Indemnities

Purpose of paper This article explores the circumstances where it is necessary for State and Commonwealth governments to bind third parties, to comply with the Model Litigant Guidelines (‘Guidelines’). Summary of Model Litigant Guidelines The Guidelines exist pursuant to both Commonwealth and Victorian legislation. Their purpose is to ensure that the Commonwealth and State governments … Read More

Show a Little Restraint

Overview A well-drafted restraint of trade (ROT) clause, like a well-constructed gate, can offer valuable protection to your business. A poorly put-together ROT clause is likely to collapse under challenge and will not prevent your employees from setting up in competition. Stress points in restraint of trade ROT clauses are primarily used to stop employees … Read More

Entering into a Head Contract? Tips for Alleviating the Head-Ache of Subcontracting

Overview Head contractors can avoid being painfully squeezed between what their clients want and what their subcontractors will deliver by involving potential sub-contractors early in the head contract negotiation process. What is a head contract? It is quite common for two parties – A and B – to enter into a contract on the understanding or with the expectation … Read More

Section 144 of the National Credit Code – Novated Leases & the PPSA

Summary This paper examines the implications of the National Credit Code (“Code”) for the financing of insurance over property that is the subject of a novated lease. Section 144 of the Code prohibits a credit provider knowingly financing insurance of more than one year’s term over property that is mortgaged to repay that finance. This … Read More

The Personal Property Securities Act – ASIC Migrated Charges

Since the Personal Property Securities Act (PPSA) became operational at the end of January, 2012, there have been a number of issues that have arisen in relation to this important new legalisation. Understandably with any new system, accessibility and performance may be a challenge. The issue of ASIC migrated charges (now known as security interests … Read More

Maximise protection of your business via Trade Mark Registration

While most companies know that they need to register their company name, not all company, business name or domain name – owners are aware that the best protection of their rights is through a trade mark registration. Company names, business names and domain names do not give proprietary rights as such, although they do provide … Read More

You may not have the IP Rights you think you have!

The decision of Justice French of the Federal Court in University of Western Australia v Gray (No 20) [2008] FCA 498 should prompt industry partners to review the strategies they use to secure intellectual property (IP) rights in collaborations with universities and other research entities. Although the decision ultimately was based on specific circumstances, it is significant … Read More

Impact of Moral Rights on R&D

Synopsis This article examines the ways in which moral rights can significantly impact on research projects, and the practical steps that should be taken to deal with them. Pitfalls of moral rights in research projects Moral rights in Australia are rights related to copyright material that became recognised under the Copyright Act. There are three … Read More

Cooperative Research Centres (CRC)

CRC History & Legal Overview CRC Conference – Alice Springs 2010 Observations made over 20 years working with CRCs on processes and structures that deliver efficiencies in formation, governance, operation and wind up. Introduction The CRC movement is of sufficient operational and legal age now that not only does it make sense to look back … Read More

Trade Marks in Australia

What is a trade mark? A trade mark is a sign used to distinguish the goods or services of one manufacturer or seller from those not produced by that manufacturer or seller. The application of a trade mark to goods or services adds to their value. A trade mark can be in the form of … Read More

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