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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 is to be ...
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 persons (sectio...
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 about ...
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 operating in Aus...
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 that it is selling. ...
 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 landlord....
- 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 “fair go al...
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. Sometimes the reverse...
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 the personal guarantor wi...
Commercial landlords should ensure that invoices issued to tenants for rent and outgoing amounts include:
- the correct GST component
- any rent increases that are entitled to be charged
- all outgoings that are entitled to be charged.
The invoices should also be issued in a timely manner and in a...
The “Respect at Work” legislation (Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth)) took effect on 10 September 2021, focusing on sexual harassment in the workplace and extending compassionate leave entitlements to include miscarriage. The legislation amended relevant pro...
It is imperative for both landlords and tenants that whenever a retail lease is being negotiated, any required amendments to terms of the lease that remain to be negotiated are brought to the other party’s attention so that they can be negotiated, and the documents amended to reflect the negotiated ...
