Harris & Company | Publications

30 Jun CBRE (V) Pty Ltd v City Pacific Ltd (in liq) [2022] NSWCA 54

Posted at 16:24h in Competition and Consumer Act 2010 - Schedule 2 ('Australian Consumer Law') 0 Comments

This case is of interest because it is an illustration of the attempt to avoid liability for misleading or deceptive conduct by way of a disclaimer. The case concerns a valuation of land which had been negligently prepared. Facts City Pacific Ltd entered into a transaction...

30 Jun Garner v Central Innovation Pty Limited [2022] FCAFC 64

Posted at 16:20h in Employment 0 Comments

Employees often build a well of knowledge in the course of employment that they wish to take with them to another employer, however some of this information may be confidential. This case is a further illustration that customer contact information, types of software licences/subscriptions sold...

30 Jun State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63

Posted at 16:14h in Intellectual Property 0 Comments

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...

30 Jun The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd; Morrow v Cordell Jigsaw Productions Pty Ltd (No 13) [2022] NSWSC 444

Posted at 16:00h in Competition and Consumer Act 2010 - Schedule 2 ('Australian Consumer Law') 0 Comments

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...

06 Apr CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION V PERSONNEL CONTRACTING PTY LTD [2022] HCA 1 (9 FEBRUARY 2022)

Posted at 09:04h in Employment 0 Comments

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...

08 Mar Design and Building Practitioner’s Act

Posted at 14:26h in Planning and Environment 0 Comments

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...

11 Oct Plant Breeder’s Rights

Posted at 11:02h in Intellectual Property 0 Comments

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...

23 Apr Butterfly Systems Pty Limited v Eduard Sergeev [2021] FWCFB

Posted at 11:41h in Employment 0 Comments

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,...

30 Mar Cybersquatters and the pandemic – how to disinfect the cyberspace

Posted at 10:36h in Intellectual Property 0 Comments

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...

29 Mar Alcohol home delivery: which liquor licence is required and how do you obtain one?

Posted at 10:57h in Liquor Licensing 0 Comments

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...

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