Safeguarding your intellectual property

By Margaret Miller • In Commercial Law, Dispute Resolution, Intellectual Property, LawComments Off on Safeguarding your intellectual property

The value of your Intellectual Property (“IP”) could be worth more to you than your real property, business equipment or stock. You need to consider how you can safeguard the ownership of your IP and regularly monitor and control any threats to your ownership. Trademarks IP may be the most

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Insolvency update: SumoSalad uses insolvency laws to negotiate lease dispute with landlords

By Margaret Miller • In Bankruptcy Law, Commercial Law, Dispute Resolution, Insolvency Law, Law, Litigation, NewsComments Off on Insolvency update: SumoSalad uses insolvency laws to negotiate lease dispute with landlords

After many failed attempts over the past 6 months to negotiate cuts in leasing charges, Luke Baylis, the chief executive and co-founder of SumoSalad put two of its companies, Sumo Westfield Leasing Pty Ltd and Sumo Leasing Pty Ltd, into voluntary administration to force several Westfield centres to the negotiating

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Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

By Tim Elliott • In Commercial Law, Dispute Resolution, Law, Litigation, Property LawComments Off on Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

The abovementioned appeal considered whether an unsigned deed or contact can in fact be binding. This issue is often a factual scenario faced by legal practitioners every day in advising their clients in circumstances where clients have not fully completed their paperwork. At first instance, the Respondent had succeeded and

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Insolvency and Property Sales – Deposit Entitlement after Bankruptcy

By Tim Elliott • In Dispute Resolution, Insolvency Law, Law, Litigation, Property LawComments Off on Insolvency and Property Sales – Deposit Entitlement after Bankruptcy

Majet v Goggin & Miller as Trustees of the Bankrupt Estate of Brett-Hall [2015] QSC 38, considered the impact of a bankruptcy trustee’s disclaimer upon the entitlement of a deposit paid in accordance with a contract for the purchase of a residential property. FACT In early February 2014, Mr Herbert

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Binding Financial Agreements under duress in the High Court

By Alex Wynn • In Dispute Resolution, Family Law, LitigationComments Off on Binding Financial Agreements under duress in the High Court

In early August this year the High Court of Australia is to hear an important case about the validity of property settlement agreements in Family Law. These agreements are referred to by lawyers as ‘Binding Financial Agreements’. They include ‘pre-nups’ which are made at the beginning of a relationship. Made

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Low v Barnet (Trustee) [2017] FCAFC 60

By Tim Elliott • In Bankruptcy Law, Dispute Resolution, Insolvency Law, LitigationComments Off on Low v Barnet (Trustee) [2017] FCAFC 60

Introduction Recently, the Federal Court of Australia (Court of Appeal) has passed judgment regarding a sole creditor seeking every realisable dollar of a bankrupt’s estate in the matter of Low v Barnet (Trustee) [2017] FCAFC 60. The appeal was heard before Flick, Jagot and Gleeson JJ. Facts In 1993, Ms

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Do you purge your contempt?

By Danny Bycroft • In Dispute Resolution, Law, LitigationComments Off on Do you purge your contempt?

The Supreme Court of Victoria has recently served notices to appear on Commonwealth Government Health Minister Greg Hunt, Assistant Treasurer Michael Sukkar and Human Services Minister Alan Tudge. The Ministers have been asked to appear before the Court to “make any submissions as to why they should not be referred

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How Demanding: The Standard for Supporting Affidavits when Setting Aside Statutory Demands – Insolvency 101

By Tim Elliott • In Bankruptcy Law, Dispute Resolution, Insolvency LawComments Off on How Demanding: The Standard for Supporting Affidavits when Setting Aside Statutory Demands – Insolvency 101

Solicitors beware – the recent case of Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131 has reiterated the standards that are expected for a supporting affidavit that accompanies an application to set aside a statutory declaration. On 30 January 2017, Fokust Pty Ltd obtained a judgment against

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Sham Contracting: The Fair Work Ombudsman now targeting advisers

By Margaret Miller • In Dispute Resolution, Employment LawComments Off on Sham Contracting: The Fair Work Ombudsman now targeting advisers

The Fair Work Ombudsman (FWO) has warned it will pursue anyone involved in sham contracting arrangements to ensure employees are paid. This includes the employer, Human Resources managers and other advisers. In a recent speech by Natalie James, lawyers at the Law Institute of Victoria Workplace Relations Conference were told

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Legislative changes to the effect of indemnity clauses in service agreements

By Margaret Miller • In Dispute Resolution, Employment LawComments Off on Legislative changes to the effect of indemnity clauses in service agreements

Contractual indemnities appear in many services agreements, including subcontracting, labour hire and wet plant hire agreements. Indemnity clauses move liability from one party to another by requiring one party to indemnify the other. The usual type of indemnity arises where one party agrees to indemnify another party for all liability

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