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Corporate, Commercial & Structuring
  • 15-May-2019 / Posted by Rhys Williamson

    Trade mark intra-group licensing - control your trade marks

    An entity that owns a trade mark but does not use it (for example, when the registered owner licenses the trade mark to a related entity) must control the use of that trade mark. Otherwise, a competitor may successfully apply to have the trade mark’s registration cancelled. Who’s at risk and wha..
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  • 25-Mar-2019 / Posted by Rhys Williamson

    Published Australian Patent Office decisions – February 2019 Review

    The following review of published Australian Patent Office decisions in February 2019 may be useful for IP practitioners, patent attorneys, or those who manage patent and patent application assets. It provides guidance about: 1. the importance of properly preparing objections to a patent a..
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  • 07-Mar-2019 / Posted by Rhys Williamson

    Published Australian Patent Office decisions – January 2019 Review

    1. The following review of published Australian Patent Office decisions in January 2019 may be useful for IP practitioners, patent attorneys, or those who manage patent and patent application assets. It provides guidance about: (a) what constitutes a ‘pharmaceutical substance per se’ for g..
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  • 01-Mar-2019 / Posted by Rhys Williamson

    Be careful: your Personal Property Security Register (PPSR) registrations may lapse soon

    If you registered security interests on the PPSR when it launched seven years ago, you would be wise to check your records for the expiry date… The Personal Property Securities Register (PPSR) came into existence on 30 January 2012.Registering security interests on the PPSR signif..
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  • 18-Dec-2018 / Posted by Rhys Williamson

    Implications for business when Australia implements APEC’s Cross Border Privacy Rules System next year

    After consultation with business and stakeholders, the Australian Government recently applied to the Asia-Pacific Economic Cooperation economic forum (APEC) to participate in its Cross Border Privacy Rules system (CBPR System). APEC endorsed the application on 23 November 2018. What is the CBPR ..
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  • 16-May-2018 / Posted by Mahoneys

    The lesson of Lululemon – exchanges, returns and consumer guarantees

    Luxury athletic apparel company Lululemon Athletica Australia Pty Ltd (Lululemon) found out the hard way that global businesses who apply blanket branding are not above the consumer guarantees made under the Australian Consumer Law. The background In July 2017, The Australian Competition &am..
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  • 17-Apr-2018 / Posted by Wesley Hill

    The power of appointment of trusts

    A recent case involving a prominent South Australian wine-making family highlighted the importance of making sure that control of a trust following the death of the appointor is transferred in a way that is permitted by the trust deed. These days, many family businesses and assets are op..
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  • 29-Mar-2017 / Posted by Mahoneys

    PPSA Guide

    The Personal Property Securities Act 2009 (more commonly known as the PPSA) came into effect on 30 January 2012. Since that time it has greatly changed how people and businesses protect their interests in personal property. No longer is it sufficient to simply rely on a ‘retention of title claus..
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  • 23-Mar-2017 / Posted by Antony Harrison

    Buyer beware: the definition of a 'foreign person' goes further than we think for duty and land tax purposes

    by Antony Harrison - partner You may have heard that some states in Australia have introduced a duty and/or land tax surcharge for foreign persons buying residential land. What do we mean by residential land? Residential land is defined differently in most states. In Queensland ..
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  • 29-Sep-2016 / Posted by Mitchell Downes

    Unfair contract terms outlawed when dealing with small business

    by Mitchell Downes - Partner & Richard Seneviratne - Senior Lawyer On Saturday 12 November 2016, a new law will come into effect. One that prohibits unfair contract terms in standard form contracts when dealing with small business. It will apply to any standard form contract entered int..
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  • 07-Jul-2016 / Posted by Mitchell Downes

    What you must do before going into business

    by Mitchell Downes - Partner Caught up in the thrill of the new, parties often neglect to consider what will happen if things go sour in business. Disputes can erupt over something as simple as one party wanting to exit, a change in personal circumstances (for example, a marital breakdown, ..
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  • 07-Jul-2016 / Posted by Antony Harrison

    Save yourself a world of pain with a shareholders agreement

    by Antony Harrison - Partner With ventures involving more than one person, lawyers, accountants and financial advisors will usually recommend some form of shareholders agreement. Even if you’re going into business with your best mate. Even if you’ve known that person for decades ..
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  • 19-May-2016 / Posted by Mahoneys

    Compliance deadlines loom for SMSF's as 30 June approaches

    by Marek Reardon - Special Counsel The approach of 30 June heralds an increase in activity in business compliance activity in many industry sectors. None more so than in the Superannuation Industry and importantly as 30 June 2016 approaches there are two additional reasons to review a..
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  • 08-Apr-2016 / Posted by No items found.

    Tax law amendment smooths way for small business restructuring

    by Marek Reardon - Special Counsel The passage of the Tax Laws Amendment (Small Business Restructure Roll-Over) Act 2016 (Cth) (http://www.austlii.edu.au/au/legis/cth/num_act/tlabrra2016612/) (The Act) which received royal assent on 8 March 2016 removes one major obstacle to the restructur..
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  • 20-Jan-2016 / Posted by Mitchell Downes

    Releases clause - special rules about interpretation

    by Mitchell Downes - Senior Associate In a recent Supreme Court case (IBM Australia Pty Ltd v State of Queensland [2015] QSC 342), the State sued IBM for alleged claims arising from the Queensland Health payroll software fiasco. The State sued the IBM alleging misleading and deceptive conduc..
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  • 11-Nov-2015 / Posted by Mitchell Downes

    Bluenergy: secured creditor debt extinguished by deed of company arrangement

    By Mitchell Downes – Senior Associate Deeds of company arrangement A deed of company arrangement (DOCA) is a binding arrangement between a company and its creditors governing how the company's affairs will be dealt with, which may be agreed to as a result of the company entering voluntary..
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  • 11-Nov-2015 / Posted by Mitchell Downes

    Bluenergy: secured creditor debt extinguished by deed of company arrangement

    By Mitchell Downes – Senior Associate Deeds of company arrangement A deed of company arrangement (DOCA) is a binding arrangement between a company and its creditors governing how the company's affairs will be dealt with, which may be agreed to as a result of the company entering voluntary..
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  • 30-Sep-2015 / Posted by Mitchell Downes

    PPSA amendment - PPS leases and serial numbered goods

    by Mitchell Downes - Partner Section 13(1)(e) of the Personal Property Security Act provided that leases/bailments/hires of serial numbered goods (eg cars, trucks, earthmoving equipment) was a PPS lease if the term of the lease/bailment/hire was 90 days or more (and thus required registrati..
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  • 19-Mar-2015 / Posted by Mitchell Downes

    Release of co-sureties

    by Mitchell Downes - Senior Associate The High Court handed down its decision in Lavin v Toppi [2015] HCA 4 on 11 February 2015. In doing so, the High Court clarified the rights between co-sureties with joint and several liability in respect of a guarantee. Facts The r..
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  • 18-Jan-2015 / Posted by Mitchell Downes

    Key changes to building licensing laws effective on 1 July 2015

    Key changes to building licensing laws effective on 1 July 2015 by Mitchell Downes – Senior Associate Parliament passed laws in 2014 to change the Queensland Building and Construction Commission Act 1991. Some key changes come into effect from 1 July 2015. Licensees should ensure that t..
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  • 18-Dec-2014 / Posted by Mitchell Downes

    BCIPA changes

    By Mitchell Downes – Senior Associate A number of changes to the Building and Construction Industry Payments Act 2004 (Qld) took effect from Monday 15 December 2014. The changes, though originally intended to apply to contracts entered into after 15 December 2014, apply to all contrac..
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  • 07-Aug-2014 / Posted by Mahoneys

    Disability access

    Your obligations as a commercial tenant By Stephanie Hicks Australia has come a long way in terms of ensuring people with disabilities can be fully integrated into the wider community. One of the most obvious ways to ensure this happens is to make public buildings accessible. T..
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  • 14-Oct-2013 / Posted by Antony Harrison

    Effective structuring for medical practices

    By Stephanie Hicks The days of the local GP putting his or her shingle up as a sole practitioner are declining, and although doctors are still among the more individualistic professions (#_ftn1) we are seeing a rapid increase in multi-doctor practices. There are many ways to structure ..
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