Supreme Court sets aside default judgment in Magistrates’ Court and refers the fees to taxation of its own motion

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Stephen Warne

Davey v Costanzo Lawyers Ltd [2021] VSC 449 is episode # c. 898 in my series  about suits for fees, ‘Many a Slip Twixt Cup and Lip’.

A family law firm whose website modestly explains that they are the ‘best family lawyers’ sued its former client for professional costs and barristers’

Three GST decisions handed down in recent days

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Over the last few days three decisions relating to GST have been handed down. One by the Full Federal Court on the GST treatment of gambling supplies (allowing the Commissioner’s appeal) and two by the Tribunal, one on development leases and whether excess GST has been “passed on” (partially in

Full Federal Court Decision Reaffirms That There Is No Infringement By Authorisation Under Australian Trade Mark Law

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Liz Bodey

The Full Court of the Federal Court of Australia has reaffirmed that a registered trade mark can only be infringed by the primary user of a trade mark and there is no concept of authorisation of infringement recognised under Australian trade mark law.

Background
PDP Capital manufactures and sells

Board of Directors of the Dubai International Financial Centre (DIFC) Authority Issues IP Legislation Update

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Liz Bodey

The Board of Directors of the Dubai International Financial Centre (DIFC) Authority recently issued the DIFC Intellectual Property Regulations (IP Regulations). The IP Regulations took effect on 5 July 2021 and were issued pursuant to the DIFC Intellectual Property Law, DIFC Law No. of 2019 (IP Law).

In

Victorian tenant evicted after COVID19 moratorium ends. Also, can you sue over negative online reviews?

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ABC Radio

The Victorian Civil and Administrative Tribunal has found that landlords can evict tenants for non-payment of rent during the big Victorian lockdown of 2020. It’s a ruling that could affect thousands of vulnerable renters. And, should doctors, lawyers and other professionals be able to sue someone who posts a

3 things you need to know before choosing a business name

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What’s in a name? Well, consider Marion Robert Morrison or Norma Jeane Mortenson. Neither has quite the same ring to it as John Wayne or Marilyn Monroe, right?

And while you’re not trying to make it in Hollywood, your choice of business name matters too. That’s because a business name

Are rental guarantees worth the paper they’re written on?

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A rental guarantee can seem like the icing on the cake when you’re a property investor. You get guaranteed rental income for an agreed period if you can’t find a tenant for your off-the-plan apartment. What could possibly go wrong?

Unfortunately, the deal might not be quite as attractive as

Director Identification Number Scheme is nearly here

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If you’re involved in the Australian business world, you probably have already heard about the Director Identification Number scheme that is slowly coming into fruition. But what exactly is this scheme, and how does it affect directors of businesses? We’ll break down what the DIN scheme is, how it affects

Is Your No Verbal Variations Clause Enforceable?

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Many contacts contain a clause, often called either a No Verbal Variations or No Oral Modifications (NOM) clause, intended to prevent future “nod and handshake” waivers of the terms of that contract, even when willingly entered into by both parties.

The intention behind such clauses is to protect both parties

Temporary relief allowing electronic signatures and virtual meetings lapses

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In response to COVID-19, Parliament provided temporary relief measures through an amendment in the Corporations Act 2001 (Cth) (‘Corporations Act’).

The amendment allowed electronic signatures of documents, virtual meetings, and electronic notice of those meetings. It was expected that these amendments would be extended, but now the pre-COVID requirements of

The pros and cons of buying a hospitality franchise

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It can be a seductive idea. Rather than starting a hospitality business from scratch, why not skip the start-up stage altogether by buying into a franchise?

And it’s a business model with a long illustrious history. Albert Singer developed the first franchise contract to help him sell more sewing machines

Your legal rights when settlement is delayed

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Signing the contract of sale isn’t the last stage of a home purchase. Rather, it’s the beginning of a process that only ends on settlement day. This is the day when the agreed purchase price is paid to the seller and the buyer takes legal possession of the property.

Unfortunately,

Balancing individual and community rights in a pandemic

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ABC Radio

As the COVID19 pandemic grips NSW, how do we balance the rights of an individual with those of the broader community? And the Victorian Ombudsman has released a report detailing human rights breaches, many dealing with ensuring compliance with COVID 19 public orders.  

WA Parliament debates new child protection laws

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ABC Radio

This week, the WA parliament is debating new child protection legislation.  Meanwhile a program called Aboriginal Family Led Decision Making is being piloted. Will new laws and programs reduce the vast over representation of Indigenous children in out-of-home care, currently seventeen times more likely than non-Indigenous children?