Transferring Intellectual Property in a Business Sale
When purchasing a business, one of the most critical aspects to consider is the transfer of intellectual property (IP). IP is often the backbone of a business’s brand goodwill and, therefore,…
Restraint Clauses in Australia: Changes on the Horizon
Restraint clauses in employment contracts, such as non-compete, non-solicitation, and non-disclosure clauses, may become a hot topic in Australia. The Competition Task Force of the Treasury released…
The Concepts of Consent for Personal Information
Application of the Privacy Act and the Australian Privacy Principles
When Are Goods or Services Acquired by a “Consumer”? When Do Guarantees Under the Australian Consumer Law Apply? Can Suppliers and Manufacturers Liability Be Limited?
The Australian Consumer Law (ACL)[1] contains a number of guarantees (consumer guarantees) which apply to the supply of goods or services to a consumer. These are in Part 3-2, Division 1, Sections…
2025 Edition of Best Lawyers: Celebrating Our Leaders and a Rising Star
DW Fox Tucker Lawyers is delighted to announce that several of our firm’s leaders and a rising star have been recognised in the 2025 Edition of Best Lawyers in Australia awards across 15 categories.…
Is a Trade Mark License a Franchise?
In Australia, franchises are regulated by the Franchising Code of Conduct (Franchise Code) made under section 51 AE of the Competition and Consumer Act 2010 (Commonwealth). A franchise consists of…
Deeds vs Agreements
Many legal documents are designated as either “Deeds” or “Agreements”. What are the differences, and pros and cons, of Deeds and Agreements? It is worth going back to basics to look at what these are…
Trade Mark Use/Copyright and Fair Dealing – AGL v Greenpeace
Trade mark owners of marks, which are logos or devices, are well advised to ensure that they own copyright in the marks, which are artistic works for the purposes of copyright. This will mean that in…
When Can You Send Unsolicited Electronic Messages?
This article examines when a business can send cold-call or unsolicited electronic messages. The answer is, broadly, only in very limited circumstances, particularly if the message has a marketing…
Advertising Health Services
Section 133 of the Health Practitioner Regulation National Law (South Australia) Act 2010 prescribes rules for advertising health services and reads: A person must not advertise a regulated health…
DWFT Report
The DWFT Report is a comprehensive publication containing news, commentary and analysis of significant contemporary legal issues impacting the Australian business community.