In the recent case of Swole Gym Wear Group Pty Ltd v Swole O’Clock Ltd [2019] FCA 685, Swole Gym Wear Group (Applicant) applied for an extension of time to file a notice of appeal for the removal of their trade mark 1702160, which was registered for the word “SWOLE” in class 14, from the […]
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In Queensland, building work is governed by the Queensland Building and Construction Commission Act 1991 (Act). Under Schedule 1 of the Queensland Building and Construction Commission Regulation 2018 (Regulation), subject to some qualifications (i.e. design work, plumbing, gas fitting etc), work is not building work (as that term is defined in Schedule 2 to the […]
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You continued to supply a customer goods on credit, notwithstanding that despite payments being made, the customer’s overall level of indebtedness remained basically the same. The customer is then placed into liquidation. You are owed thousands of dollars. Then, to make matters worse, you receive a letter from a liquidator demanding under threat of legal […]
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Unlawful building work performed by an unlicensed person has significant implications for the person who performs the unlicensed building work. In Queensland, building work is governed by the Queensland Building and Construction Commission Act 1991 (Act). Under Schedule 1 of the Queensland Building and Construction Commission Regulation 2018 (Regulation), subject to some qualifications (i.e. design […]
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Under section 588FA of the Corporations Act 2001 (Cth) (Act) an unfair preference is defined as a transaction, such as payment of an outstanding debt, between a company and an unsecured creditor which results in that unsecured creditor receiving more than it would have received if it had to prove in the winding up of the […]
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In the recent case of Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd [2019] FCA 719 (24 May 2019) (Sensis v Senses) the moral of the story might be that if your brand name is so similar to another company that your customers could confuse or are confusing their name with yours… […]
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Standard residential construction contracts entitle a builder upon completion of a nominated stage defined in the contract to submit a payment claim. If the stage payment claim is not paid, the builder has various options available, such as suspension of the building work, referral to mediation and ultimately, termination of the contract. Before terminating a […]
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Businesses often make broad sweeping statements, in their agreements and particularly in the terms and conditions of sale presented on their websites purporting to exclude consumer’s rights to warranties, guarantees or remedies. In reality, such declarations can amount to a breach of the Australian Consumer Law (ACL) which recently occurred in relation to Jetstar. Section […]
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Section 789FA of the Fair Work Act 2009 (the FWA) enables a worker who has been bullied at work to apply to the Fair Work Commission (FWC) for an order to stop the bullying. For the purposes of the FWA, reasonable management action taken in a reasonable way will not constitute workplace bullying. A body […]
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The usual position in relation to security for costs in disputes before the Federal Court of Australia is that a respondent (including a cross-respondent) may make an application for security for its legal costs to insulate itself if it is successful in defending the allegations made by an applicant against it. What is the situation […]
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From time to time we encounter clients that have various types of assets held by a trustee (Trustee) that are purportedly held pursuant to a bare trust (Bare Trust). There are several questions which usually arise in relation to the rights and obligations of the parties involved that inevitably end up with Dundas Lawyers considering […]
From a property owner’s point of view, the vision for the project is finally coming to fruition. From a builder’s point of view, another profit-making job is about to commence…… It is not uncommon for the seeds of a building dispute to already have been sown before a shovel even breaks ground. Observing the following simple […]
The case of MG Corrosion Consultants Pty Ltd v Gilmour [2014] FCA 990 involved allegations of a director authorising unnecessary and excessive payments that caused detriment to a company and its shareholders. This case serves as a reminder to directors of the importance of adhering to their duties under the Corporations Act 2001 (Cth) (Corporations […]
In legal proceedings involving the alleged infringement of a patent, it’s common for the respondent to go on the offensive and attempt to convince the Court that the said patent is invalid. If proven, it necessarily follows there can be no infringement. There is no one section of the Patents Act 1990 (Cth) (Patents Act) […]
A patent grants the owner (Patentee) exclusive rights to exploit the patented invention (as defined in the Patents Act 1990 (Cth) (Patents Act)) within Australia. If another party uses the patent without the authorisation of the Patentee, they will infringe. In this article we consider the high level issues to consider when attempting to determine […]
On the 22 of June 2017, the Australian Government passed the Copyright Amendment (Disability Access and Other Measures) Act 2017 (Act), which introduced major changes to the Copyright Act 1968 (Cth) that aim to simplify how long materials can be protected by copyright laws. From 1 January 2019, changes to the Copyright Act 1968 (Cth) […]
One of the often cited requirements for a patent to be granted, is that the invention as claimed must be ‘novel’ in light of the information of the day (referred to as the prior art and the common general knowledge) (section 18(1)(b)(i) of the Patents Act 1990 (Cth)(Patents Act)). Put simply, if its been done […]
A patent provides exclusive rights during its term to exploit the patented invention. In Australia the Patents Act 1990 (Cth) (Patents Act) protects intellectual effort by granting exclusive rights, during the term of the patent, to exploit an invention and to authorise other persons to exploit it. The owner is entitled to defend the patent […]
Many businesses try to increase market share by employing a competitor’s member of staff who may bring with them relationships and information acquired over the years. Employees owe fiduciary duties to their employers meaning, among other things, that an employee cannot make a personal gain by using confidential information acquired in the course of their […]
Take the scenario where your company has supplied a customer with goods on credit. The standard terms and conditions of supply grant your company security over the goods supplied until they are paid for. In order for that security to be perfected, the interest granted needed to be registered on the Personal Property Security Register […]
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