Normally, if a design is capable of being registered under the Designs Act 2003 (Cth) (“Designs Act”) and is industrially applied as per s 77(1)(b) of the Copyright Act 1968 (Cth) (“Copyright Act”), i.e. more than 50 copies of it are made, it loses any...
This case is of interest because it is an illustration of a situation where non-disclosure by one partner of a potential benefit to the partnership constitutes misleading or deceptive conduct. Facts Julian Morrow and Nicholas Murray, both with their own respective companies, founded a joint venture known...
With the rise of the gig economy and labour hire businesses, the distinction between an employee and a contractor has again been considered by the High Court. This case is of interest because it demonstrates that (notwithstanding reporting of some recent decisions in the same area...
In response to the growing incidence of defective building work, the NSW Government passed the Design and Building Practitioners Act 2020 (NSW) (Act) and the Design and Building Practitioners Regulation 2021 (NSW) (Regulations), which came into effect on 1 July 2021. The purpose of the Act...
Plant Breeder’s Rights The agricultural sector of plant breeding is ever-evolving, with more and more technologies being developed towards creating superior varieties of commercially viable plants. To accommodate the fears that breeders have in terms of protection of their new varieties, domestic and international communities have...
The case of Butterfly Systems Pty Limited v Eduard Sergeev [2021] FWCFB considers whether non-compliance with a lawful and reasonable direction is a sufficient cause for summary dismissal. Section 385 of the Fair Work Act 2009 (Cth) provides that a termination must not be harsh,...
On 30 November 2020, the World Intellectual property Organization (WIPO) reported that it had registered its 50,000th cybersquatting case. With more people depending on the internet and spending time at home, WIPO has stated that the “COVID-19 pandemic has fueled cybersquatting cases filed”. According to...
It is increasingly becoming popular to order alcohol online and get it delivered to your door-step. For consumers, alcohol-delivery is another convenience in our on-demand culture. For businesses, alcohol-delivery expands their business opportunities in the industry. So, if you wish to run a home delivery alcohol...
In March 2020, the Government introduced the Coronavirus Economic Response Package Omnibus Act 2020 (“CERP Omnibus Act”). On 25 March 2020, Schedule 12 of the CERP Omnibus Act commenced and introduced temporary insolvency relief for individuals and companies who were financially distressed due to the...
NSW COVID-19 RENT DISPUTE RELIEF EXPLAINED: On 24 April 2020, the NSW Government released the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) (the NSW Regulation) to give effect to the NSW Government’s COVID-19 rental relief measures, endorsing the Federal Government’s National Cabinet Mandatory Code...