Insights

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Australian government takes first step towards significant and well-overdue privacy reform

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Earlier this month, the Privacy and Other Legislation Bill 2024 (Bill) was introduced to the House of Representatives and contains the first of many proposed amendments to the Privacy Act 1988 following the Attorney-General’s Privacy...

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Crayola Secures Trade Mark for Iconic Crayon Scent

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In a unique development in the world of trade marks, Crayola has recently secured legal protection for the distinctive smell of its crayons. The United States Patent and Trademark Office (USPTO) officially granted Crayola a...

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Who Gets the Deceased’s Ashes?

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It is only natural that surviving family members possess a strong emotional attachment to their loved one’s ashes. Unfortunately, this can lead to disputes as to who gets the deceased’s ashes and how the ashes...

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Can You Buy or Sell a Trade Mark or a Brand?

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When businesses think about assets, they often focus on physical items – buildings, equipment, and stock. However, one of the most valuable assets a company owns is often intangible: its brand and trade marks. But...

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Unfair Contract Terms: 9 months on…

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The Unfair Contract Terms (UCT) reforms, effective from November 9, 2023, prohibit the inclusion of UCTs in standard form contracts with consumers and small businesses in Australia.  Violations attract substantial penalties, and the threshold for...

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Legal Update: Evolution of Scandalous Trade Marks

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We are pleased to provide an update on a recent decision by the Australian Trade Marks Office regarding the trade mark “ZRO FUX.” This case marks a significant development in the interpretation and acceptance of...

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What to do when your contract counterparty goes ‘belly up’

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Local Government Contracts Series – Article #3 ASIC’s latest insolvency data from 1 July 2023 to 31 March 2024 showed that there was a 36.2% increase in the number of companies entering external administration, compared...

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What can you do better in the contract?

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Local Government Contracts Series – Article #2 Assisting local government with various agreement-related tasks such as drafting, review and advice on interpretation throws up some recurring themes. Councils are large and busy organisations and are...

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What happens if my Power of Attorney breaches their duties and causes financial loss – can I seek compensation?

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A Power of Attorney is a legal document which enables an adult person (the principal) to authorise one or more persons (the attorneys)  to make decisions on the principal’s behalf.  Attorneys must always act in...

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What can you do better before signing the contract?

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Local Government Contracts Series #1 Councils are large organisations and being public bodies, have detailed and systematic protocols for undertaking most activities. Entering into contracts is no exception. Council use public funds and have to...

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Supreme Court of Victoria releases AI Guidelines

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The emergence of AI is revolutionising industries by enhancing efficiency and innovation. From automating tasks to enabling advanced data analysis, AI is reshaping the way we live and work, offering unprecedented opportunities and challenges in...

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When a great settlement is too good to be true, it probably is – Lessons from Fitzgerald v Tully

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On 19 April 2024, the Supreme Court of Victoria handed down its judgment in the case of Fitzgerald, in the matter of Tempo Holidays Pty Ltd (in liq) v Tully & Berkley Insurance Australia.[1] In...

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