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Victoria Campbell
In a recent decision, the EUIPO Board of Appeal provided further guidance on what constitutes genuine use of a trade mark in relation to sales of replacement parts in the EU. The Board of Appeal held that genuine use cannot be established if the proprietor of the mark is
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Australian Broadcasting Corporation
Hungry Jacks has won a legal fight against McDonalds over the use of its Big Jack and Mega Jack trademarks. And a court in Italy has handed prison sentences to more than 200 people over their links to the ‘Ndrangheta crime group.
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Jasmine Jesty
The Halal Certification Authority Pty Ltd (HCA) is a for-profit company that provides certification services to third parties. It is the owner of the following trade mark registered for, issuing halal certification to businesses and individuals for goods and services if religious and technical requirements are met:
(HCA
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Australian Broadcasting Corporation
If a juror does their own research in a trial, does that mean that any guilty verdict reached by the jury is dangerous and should be quashed? And a look at when violence in sport crosses the line and becomes a criminal law matter.
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noreply@blogger.com (Mike Terceiro)
Check out my recent presentation entitled “ACCC Cheat Sheet – October 2023” in which I discuss ACCC happenings in October 2023, including Brookfield’s successful navigation of ACCC Origin buyout minefield, Meta’s case of premature application, Tesla’s fob fail, Petstock’s faux-paw, caravan industry warning (or RV going to get sued?) and
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The government of Victoria has proposed several amendments to the state’s property taxation laws.
New amendments explained
Under the amendments, the revenue office hopes to expand vacant residential land tax to all vacant residential land in Victoria from the 2025 tax year. The amendments also expand the definition of vacant
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A Melbourne landlord recently found themselves in hot water after their tenant pointed out an invalid rent increase. The tenant alerted the agent to the improper reasoning given for the increase and was subsequently back-paid for the invalid increase.
As a landlord, it is important you know the ins and
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A recent McKinnon survey showed that 50% of Australia’s workforce is covered by some form of a restraint of trade or non-compete clause.
But how airtight are these clauses and can they be enforced?
Types of restraints of trade
Common restrictions of trade include:
Confidentiality clauses Non-solicitation clauses Non-compete
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noreply@blogger.com (Mike Terceiro)
ABLR Vol 51, Part 4 is out. This edition features five excellent contributions:
* A World-Leading Sanitation System for Our Digital Economy: The Consumer Data Right – Natalia Jevglevskaja and Ross Buckley
* Investor-state Arbitration Implicating Breaches by a State-owned Enterprise of an Investment Contract –
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Australian Broadcasting Corporation
In an historic decision, the High Court has ruled that indefinite immigration detention is unlawful. And could convicted terrorist Abdul Nacer Benbrika be released following a successful appeal against a conviction that saw him stripped of Australian citizenship.
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Jasmine Jesty
One of the effects of Brexit was that the UK introduced a requirement for a UK based representative for all UK national trade marks, patents and designs and international registrations designating the UK in January 2021. However, there was a grace period for comparable trade marks or re-registered designs
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Cameron Charnley
Where one party serves an expert report, the documents behind that report, including those used in its preparation, normally cannot be the subject of a claim of privilege.[1] Also, at common law, a document that is not a communication cannot be privileged.[2] In other words, common law privilege attaches to
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noreply@blogger.com (Mike Terceiro)
Check out my recent video presentation entitled “ACCC Cheat Sheet – September 2023” in which I outline all the ACCC developments for September 2023, particularly the opposition to the Transurban/Horizon and Endeavour/Rye Hotel acquisitions, the ACCC’s Unfair Contract Term warning, the Government’s consultation on the proposed unfair trading practices laws
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noreply@blogger.com (William Stark)
In an unusual case, the Supreme Court of Victoria was called upon to order the discharge of 2 mortgages in circumstances where one of the mortgagees had been liquidated, and subsequently deregistered. The other mortgagee had become a bank but did not have records dating back over 30 years ago.
Older
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Stephen Warne
The ethical risks of using artificial intelligence to generate legal work are with one exception too obvious to warrant comment; its hallucinations are notorious, and ChatGPT’s knowledge of the world only extends to January 2022.
Yet each of the Legal Practitioners Liability Committee, the NSW Bar Association, the journal of
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Cameron Charnley
Much has been written on the law regarding ‘agreements to agree’ and, in particular, the impact of the High Court decision in Masters v Cameron[1] and subsequent decisions of courts which have applied the principles in that case.
In the recent decision in Patel v Sengun Investment Holdings Pty Ltd,[2] the
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noreply@blogger.com (William Stark)
With interest rates continuing to rise in late 2023, it seems that we are likely to see more mortgagees taking steps to realise mortgaged property.
On 2 June 2021, I posted about a Queensland decision (HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58) rejecting criticism of a mortgagee’s conduct of
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Jasmine Jesty
Businesses seeking registration of trade marks overseas will have greater clarity on deadlines for responding to provisional refusals, following an update by the World Intellectual Property Office (WIPO). As of 1 November 2023, local intellectual property offices are required to give the holders of Madrid System international trade mark
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noreply@blogger.com (Mike Terceiro)
Check out my recent video presentation entitled “ACCC Cheat Sheet – August 2023” in which I outline all the ACCC developments for August 2023, particularly the main takeaways from the BlueScope penalty decision, what the ACCC’s case against Qantas is all about and why the ACCC rejected the ANZ/Suncorp merger
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Stephen Page
On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage.
I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging.
Ruqia Hidari was aged 21 and living in
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Investors who rent their property out on short-stay accommodation platforms like Airbnb and Stayz will soon face an additional tax charge.
The Victorian government has announced it plans to introduce a 7.5% levy on short-stay rental platforms, effective from 1 January 2025. The fees collected will fund Homes Victoria, supporting
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Before starting construction or renovations, there are several legal aspects you should take note of. This will protect both you and your builder so that the project runs smoothly.
Signing a written contract
By law, you must have a written contract for work worth more than $10,000. This can include
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You may need to look at the contracts you use in your business because, come 9 November, the Australian Competition and Consumer Commission (ACCC) will prohibit businesses from using unfair contract terms.
According to the new regulations, courts will have the authority to impose significant penalties on businesses using contracts