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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

Calidad v Seiko: How you can only sell something once and how that might affect patent drafting

On 12 November 2020, a majority of the High Court of Australia in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 endorsed the “exhaustion of rights” doctrine in preference to the doctrine of “implied licence’, finding that the exclusive rights of the patentee – being to hire, use, sell, or otherwise dispose of … Read More

Eligibility rule changes for .org.au domain names

New domain name eligibility rules affecting the .au country code Top Level Domain came into effect on 12 April 2021. These rules will particularly affect unincorporated associations. Whereas net.au and .com.au domain names may be registered by commercial entities such as companies and businesses, .org.au domain names are reserved for ‘not-for-profit’ entities. The relevant licensing … Read More

Electronic execution and remote witnessing of documents in Victoria

The Victorian Government has passed legislation permanently allowing mortgage documents, deeds, wills, and powers of attorney to be executed electronically and witnessed remotely. Enabling the execution of such documents without the need to exchange hard copy documents and arranging to meet in person will provide for flexibility and efficiency of services. The Victorian legislation makes … Read More

New Councillor Gift Policy – what’s required?

This is the fourth of a series of articles on the staged introduction of the Local Government Act 2020(Vic) (the new Act), which applies to local Councils in Victoria. Victorian local Councils must adopt a Councillor Gift Policy (CGP) by 24 April 2021 to be compliant with the new statutory requirements set out in section 138 of … Read More

Local Council Community Engagement Policy: Time to get started

This is the third of a series of articles on the staged introduction of the Local Government Act 2020 (Vic) (the Act), which applies to local Councils in Victoria.  For our previous articles, please visit here. On or before 1 March 2021, Victorian local Councils are required to adopt and maintain a community engagement policy … Read More

Cladding Safety Victoria Regulations 2020 (Vic): So Clad You Asked

Following assent to the Cladding Safety Victoria Act (Vic) 2020 (“Act”) on 4 November 2020, the Governor in Council signed off on the Cladding Safety Victoria Regulations (Vic) 2020 (“Regulations”) on 1 December 2020. This article will set out the particulars of the Regulations, predominately focusing on the rules relating to seeking funding from Cladding … Read More

TikTok, Parkinson’s Disease and a good-news story of Collaborative Innovation

A story of design innovation and ingenuity emerging from the video sharing app TikTok™ should not be as surprising as it first appears. Jimmy Choi, an American marathon runner and Ninja Warrior competitor, posted a video to social media site TikTok™ in late December 2020. Choi was diagnosed with Parkinson’s disease in 2003 and demonstrated … Read More

Deadline for Victorian Local Councils: Update your Councillor Code of Conduct

This is the second of a series of articles on the staged introduction of the Local Government Act 2020 (Vic) (the new Act), which applies to local Councils in Victoria. Victorian local Councils must adopt an updated Councillor Code of Conduct (CCC) by 24 February 2021 to be compliant with the new statutory requirements set … Read More

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