Opinion

October 07,2014

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Unfair preference payments

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Creditors should be very wary when pressing debtors for payment of outstanding invoices in circumstances where the debtor may be insolvent. The Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth) provide liquidators and trustees in bankruptcy with broad powers to recover “unfair preference” payments by debtors to their creditors in circumstances where: the (Read More…)

January 29,2014

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Act promptly to protect your IP rights

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A recent decision by the Full Court of the Federal Court of Australia in Knott Investments Pty Limited v Winnebago Industries Inc. [2013] FCAFC 59 serves as a warning to trade mark owners to enforce their intellectual property rights promptly. It also highlights the dangers in using foreign trade marks that have acquired a reputation in Australia even (Read More…)

March 08,2013

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Are you considering providing a guarantee?

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Anyone considering providing a guarantee should be aware of the potential of being saddled with a liability beyond what they anticipated when signing the guarantee. Guarantees, particularly those required by financial institutions, will often contain an “all moneys” clause. This means that the guarantor is liable to the lender for all moneys which become due (Read More…)

January 17,2013

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Statutory demands and the Civil Dispute Resolution Act

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The Civil Dispute Resolution Act 2011 (Cth) (CDR Act) obliges parties who commence proceedings in the Federal Court of Australia or the Federal Magistrates Court to file a ‘genuine steps’ statement setting out what steps, if any, each party has taken to resolve the dispute, or explaining why no steps have been taken. The decision (Read More…)

January 17,2013

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Parallel importers beware!

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Parallel importing occurs when a person in Australia imports ‘genuine goods’ from overseas and sells them in Australia in competition with an authorised distributor in Australia. Often the parallel importer will purchase the goods from an authorised distributor in a foreign country. It is now firmly established that parallel importing in the circumstances described above (Read More…)

January 15,2013

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Costs orders and family provisions claims

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The case of Harkness v Harkness (No 2) [2012] NSWSC 35 is a timely reminder that unsuccessful plaintiffs in family provision proceedings will not always be entitled to their costs of the litigation from the estate of the deceased. In that case Associate Justice Hallen stated that: “Parties should not assume that this type of (Read More…)