Previously we discussed reputation in a trade mark and the law of trade mark infringement under the Trade Marks Act. Next, we consider reputation and its treatment under the Australian Consumer Law and the case between rival brewing companies Brick Lane Brewing Co Pty...
Independent real estate start-up, The North Agency, fends off property monolith, The Agency, in the Federal Court of Australia. In dismissing all claims against The North Agency, including finding that The North Agency had not infringed The Agency’s trade marks, the...
There are changes happening! Significant changes are set to shake up the law of Unfair Contract Terms in small business standard form contracts. The changes come into effect on 9 November 2023 and will introduce serious penalties for businesses that use and rely on...
A recent decision by the Administrative Appeals Tribunal (AAT) has upheld the disqualification of a director of a corporate trustee of a self-managed super fund (SMSF) for several contraventions of the Superannuation Industry (Supervision) Act 1993 (SIS Act). Key...
Company directors must be aware that you have less than two weeks left to apply for a Director Identification Number (DIN), or risk exposure to a substantial monetary penalty. The introduction of the DIN initiative seeks to promote good corporate governance and...
Introduction The issue of defective work in the construction industry, particularly as it concerns residential developments, has been an issue of public concern for many years and has attracted significant publicity. Forming part of the suite of reforms recently...
The Federal Government released exposure draft legislation aimed at increasing penalties for contraventions of Australia’s competition and consumer laws. In August 2022, the Federal Government released the Treasury Laws Amendment (Competition and Consumer Reforms No....
Congratulations to Partner John Gray! John recently celebrated the 50th anniversary of his admission as a legal practitioner. The team at ClarkeKann are honoured to share in this remarkable achievement and proud to call John a colleague and friend. Over the course of...
Section 138C of the Personal Properties Securities Act 2009 (Cth) (PPSA) provides for the seizure and disposal or retention of livestock by a secured party. It is in addition to the general power of seizure the subject of section 123 of the PPSA. The Federal Court...
The Land and Environment Court in Bronger v Greenway Health Centre Pty Ltd t/as Greenway Plaza Pharmacy [2022] NSWLEC 91 rejected a claim that the operation of a pharmacy in the Greenway Medical Hub was an impermissible retail pharmacy. Key Takeaways The terms 'retail...
Key Takeaways Decisions by consent authorities to list buildings in the state's heritage register are vulnerable to legal challenge if the decision is not supported by reasons which have ‘regard to any statutory requirements applying to the decision’. Consent...
A recent decision by the Land and Environment Court of New South Wales has provided clarification on the statutory test for modification applications involving several elements. Key Takeaways Any proposal to modify an original development must ensure that the modified...