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When a Business Succession Agreement is not enough to deal with the death of a business partner business business succession estates Nov 29, 2024

Iron Horse Machines Pty Ltd v Olmate Holdings Pty Ltd [2024] WASC 383

The dispute between Iron Horse Machines Pty Ltd and Olmate Holdings Pty Ltd arises from the breakdown of a long-standing business partnership between two long-time friends, Mr James Cross and the late Mr Darren Verwijmeren. The...

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Lessons to be learned from this family business dispute business family business heads of agreement supreme court Nov 06, 2024

A family dispute concerning the ownership and control of Kennedy Watches & Jewellery Pty Ltd ("the Business"), a well-known distributor of luxury watches with franchise agreements with prestigious brands like Rolex, Patek Phillippe, and Omega, was dealt with in the Supreme Court of New...

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Unfair Dismissal and Genuine Redundancy: Janus v Red Star Gold Coast Pty Ltd business employment law fair work act fair work commission unfair dismissal Oct 09, 2024

Employment disputes can often hinge on technicalities, with the line between lawful redundancy and unfair dismissal being particularly nuanced. In the case of Janus v Red Star Gold Coast Pty Ltd, a couple employed as motel managers found themselves out of work following a restructuring of...

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Trouble was a-brewing for a tea industry partnership business business law partnership agreements supreme court May 29, 2024

A partnership agreement will typically contain a provision specifying what happens if a partner wishes to exit the partnership - for example, in the case of retirement. The agreement will then typically also contain a provision specifying how the outgoing partner's share in the partnership...

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Is a wine bin number inherently able to distinguish it as a trade mark? business business law business lawyer ip australia trade marks Sep 17, 2023

An application for registration of a trade mark can be refused by Intellectual Property Australia (IP Australia) for various reasons – including the trade mark not being capable of distinguishing the applicant’s designated goods and/or services from the goods and/or services of other...

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The tale of two women, two teenage dreams and one name - Katy Perry vs Katie Perry business federal court intellectual property trade marks May 03, 2023

As stated by Justice Markovic in his opening paragraph of the 21 April 2023 judgment:

"This is a tale of two women, two teenage dreams and one name."

Katie Taylor (nee Perry) - the Australian fashion designer

  • a fashion designer
  • designed and sold clothes under the name "Katie Perry" since...
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A franchisorā€™s duty to avoid misleading and deceptive conduct during pre-contract negotiations business business law franchises franchising code of conduct good faith misleading and deceptive conduct unconsionable conduct Apr 12, 2023

The franchising industry has been a vital part of the Australian economy, contributing significantly to employment and economic growth. According to 2022 figures, the franchising industry in Australia is estimated to be worth around $172 billion, with approximately 1,120 franchisors...

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Providing accurate information when selling a business business business law business purchase business sale false or misleading representations misleading and deceptive conduct supreme court Dec 02, 2022

The concept of “misleading and deceptive conduct” doesn’t only arise in the context of consumer law, requiring a seller to ensure that it does not mislead or deceive, or engage in conduct which is likely to mislead or deceive, its consumers in relation to the product or service...

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Considerations when requesting a retail landlord's consent to assignment of the lease business landlord lease property retail lease retail leases act tenant Oct 11, 2022

 If you are a retail tenant, and you wish to sell your business (and assign your lease to the business purchaser), or for any other reason, you wish to assign or transfer your lease to another party, then depending on the terms of your lease, you may need to obtain the prior consent of the...

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10 things you may not know about unfair dismissal business business law employee rights employment law fair work act fair work commission unfair dismissal Sep 10, 2022
  1. The laws relating to unfair dismissal attempt to balance the needs of the business and the needs of employees, and establish procedures for dealing with unfair dismissal that are quick, flexible and informal, and address the needs of employers and employees. The aim is to ensure that a “...
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Standard form contracts - on your terms business business agreements business law business lawyer startup business unfair contracts Sep 07, 2022

Business to business contracts are often "standard form contracts", meaning that one party will have a pre-drafted the contract to make it easier and simpler (and often quicker) to provide the contract to the other party, such as contracts between a supplier and its customers. ...

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Signing on behalf of a company - be careful with personal guarantees business corporation director guarantor Aug 17, 2022

If you’re a director of a company, you may very well have been asked to sign a personal guarantee, to guarantee the company’s obligations under a contract – for example, the payment of invoices to a supplier, or the payment of rent to a landlord.  Sometimes, the company and...

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