Quarterly Report

Client Profile: Food And Beverage Australia Limited (FABAL)

June 30, 2021

From grapevine to glass. Meet the expert innovators who make sure Australian wine walks the talk. In 1982, a group of wine-loving Australian...

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Lessons Learned From the Sexual Assault/Misconduct Revelations in Federal Parliament

June 30, 2021

The recent revelations of alleged criminal conduct and misconduct in the Federal Parliament directed towards women has had devastating ramifications for those involved....

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An Insurer’s Duty of Utmost Good Faith

June 30, 2021

Australian Securities and Investments Commission v Youi Pty Ltd [2020] FCA 1701 The Chief Justice of the Federal Court of Australia (Allsop CJ)...

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NFT’s Explained: The Intellectual Property Implications of Licencing Digital Assets Through Blockchain

June 30, 2021

On 11 March 2021, digital artist Beeple sold a Non-Fungible Token (NFT) of his artwork for $69 million USD.[1] According to Christie’s, the...

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Jurisdiction Clauses: A Primer

June 30, 2021

It’s an all too common scenario: Company A is based in South Australia; Company B is based in Queensland; Company A provides services...

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Safety Requirements for “General Use” Quad Bikes

June 30, 2021

The Consumer Goods (Quad Bikes) Safety Standard 2019 (‘the Standard’) commenced operation on 11 October 2019. This much-debated standard placed a range of...

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When are Directors Liable for Misleading or Deceptive Conduct, Passing off, Trade Mark Infringement or Unconscionable Conduct?

June 30, 2021

“What is the line between inspiration and appropriation?” This is how Federal Court Judge the Honourable Justice Katzmann began her 75-page judgment on...

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Workers Compensation, Health and Safety and COVID-19

June 30, 2021

The Work Health and Safety Act 2011 (Cth) (“the WHS Act”) and, in South Australia, the Work Health and Safety Act 2012 (SA)...

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Two of a Kind: Federal Court Refuses to See Double in Case of Identical Pharmaceutical Products

June 30, 2021

Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 In 2016, the Federal Court ordered Reckitt...

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Staff Profile: Amy Bishop

June 30, 2021

Our Intellectual Property Specialist, With a Penchant for People, Water & Words    Although Amy Bishop always wanted to be a lawyer, that she...

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Client Profile: Detmold Group

December 17, 2020

South Australian paper & packaging group calls on long history of innovation to contribute to the COVID-19 response. In what is regarded as...

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Last Chance to Avoid Casual Worker “Double-Dipping” Disaster

December 17, 2020

Leave entitlements to be challenged in the High Court after the Federal Government’s epic fail in Federal Court The High Court has granted...

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Family Law Court Initiatives

December 17, 2020

It is a well recognised fact, amongst lawyers and the community, that family law claims can be expensive and take a long time...

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Debt Recovery and Maximising Costs Recoveries

December 17, 2020

No business wants the cashflow interruption or the diversion of attention that having to chase a debt brings. Almost inevitably, though, businesses at...

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Onus of Proof in Tax Disputes

December 17, 2020

For taxpayers engaged in matters with the Australian Taxation Office (ATO) where facts are in dispute, the ATO will point out that the...

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No Thanks! Effective Disclaimer of a Trust Entitlement

December 17, 2020

Attempts to disclaim an entitlement to trust, income or capital have arisen in various contexts for various reasons. The contexts often include receipt...

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A Win for Women in Pelvic Mesh Class Action – for the Moment …

December 17, 2020

GILL v ETHICON SÁRL & ORS (NO 5) [2019] FCA 1905 This was a representative proceeding under Part IVA of the Federal Court...

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All for One and One for All!

December 17, 2020

South Australian Employment Tribunal finds that all members of a group under a licence of self-insurance are equally and severally liable for suitable...

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Building and Construction Contracts: The Importance of Good Contract Administration

December 17, 2020

Adelaide’s landscape is constantly changing. Although the COVID-19 pandemic has stymied the growth of many industries, the State Government’s Renew Adelaide project and...

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King Reigns All: High Court Decides Holding Companies May Be Held Accountable for Subsidiary Company Actions

December 17, 2020

The High Court of Australia decision broadens section 9 of the Corporations Act 2001 interpretation, meaning that potentially anyone can be considered an...

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Staff Profile: William Esau

December 17, 2020

Our Commercial Property ‘go-to’, William Esau, on COVID-19, Fast Bikes & French Love Affairs.    William Esau is one of the firm’s founding directors,...

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Client Profile: Eldercare

April 10, 2020

In Aged Care, High Profile Scrutiny Means Staying Ahead of the Game is a Must. Progressive. Diverse. Agile. Collaborative. These are not normally...

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The Covid-19 Outbreak and Contract Relief in the Form of Force Majeure

April 10, 2020

Introduction The new lunar year of the Metal Rat has regrettably commenced amidst an abundance of wretched disasters. Whether flood, fires and most...

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The Issue of Capacity

April 10, 2020

Although most people over 65 will not suffer cognitive impairment, for a large minority, dementia and other age-related conditions will enter their lives...

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Land Tax Reform – What Does it All Mean?

April 10, 2020

The Land Tax (Miscellaneous) Amendment Act 2019 (SA) (the Amending Act) has now been enacted and introduces progressive changes to the Land Tax...

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Who Owns Intellectual Property? Employer or Employee

April 10, 2020

Disputes between employers and employees as to who owns the intellectual property (“IP”) developed by an employee have been frequent causes for litigation...

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“Confidential” Means Confidential

April 10, 2020

Crown Resorts V Zantran Clauses requiring parties to keep information confidential are frequently found in contracts. These may typically be contracts of employment,...

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On the Hook: Directors in the Tax Firing Line

April 10, 2020

The personal responsibilities of company directors are getting more and more stringent with new laws proposed to extend directors’ penalty notice regimes to...

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The Long Reach of Spousal Maintenance

April 10, 2020

It is not often that a particular Family Law case receives media attention, but that happened last year with the case of Blevins...

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Modern Issues in Business Succession Planning

April 10, 2020

Business succession planning is critical in ensuring that any transition of the business, whether during your lifetime or following your death, is a...

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