An update on parallel importation
On 25 August 2018, the Trade Marks Act 1995 (Cth) was amended by including a parallel importation defence for importers of goods. With the new changes, Australian trade mark owners will find it [...]
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A safe space for directors: the ‘safe harbour’ defence to insolvent trading
This article sets out the prohibition on insolvent trading by company directors in section 588G of the Corporations Act 2001 (Cth), reviews the safe harbour defence, and provides a summary of the [...]
Read articleAcquisition of business: hedging your IP bets
In Sportsbet Pty Ltd v Crownbet Pty Ltd [2018] FCA 1045, Australia’s biggest non-retail bookmaker, Sportsbet Pty Ltd, has been successful in obtaining an interlocutory injunction preventing [...]
Read articleCrowd-sourced funding to become available to privately-held companies
The Corporations Amendment (Crowd-Sourced Funding for Proprietary Companies) Bill 2017 (the Bill), if passed, will extend CSF to privately-held companies. This would open up significant [...]
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Creating a balance – updated rights for retail lessees
The Retail Leases Amendment (Review) Act 2017 No 2 came into force on 1 July 2017 and made a number of important amendments to the Retail Leases Act 1994. This article looks at the amendments [...]
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Sit, Stay, Roll Over! – reforms in the treatment of ‘ipso facto’ clauses in contracts
This article explains what is an 'ipso facto' clause, how these clauses are problematic for companies that are struggling and what a stay on these clauses will mean for Australian companies.
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ACCC: compliance and enforcement priorities 2018
Each year the ACCC, Australia’s competition regulator, releases a list of priorities and factors to be taken into account when deciding to pursue matters. 2018 is slated to be the year of [...]
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Update – B2B unfair contract terms
On 13 October 2017, the Federal Court has declared, by consent, that eight of the contract terms that JJ Richards & Sons Pty Ltd (JJ Richards) used in their standard form contracts are unfair, [...]
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