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 South Wales i...

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 ...

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.  ...

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...

There are special rules that apply to commercial leases that fall within the definition of being a “retail lease”.  Under the Retail Leases Act 1994 (NSW), landlords must, amongst other things, comply with strict deadlines for providing various notices to their tenants.  It is therefore imperative t...

All business owners and agents must be careful when providing prospective purchasers with sales figures and other information, particularly where reliance will be placed on that information, without separate verification by the prospective purchaser. This issue arose in a December 2019 decision by t...

The Supreme Court has struck out a claim made by Ms Annika Karlsson in which she alleged that Griffith University had breached her trademark registration of the slogan “Know more. Do more.” The Court’s decision can be read here.

Registering the trademark – by both businesses

Griffith University fi...

The difficulties associated with a partly oral and partly written contract were considered by the Supreme Court in an April 2019 decision involving the Fields Group, a security company based on the Central Coast with approximately 120 security guards, and the much larger Wilson Security, with approx...

If you hear that someone has said something about your character or some other personal trait, often a knee-jerk reaction is to think “they’ve defamed me and they can’t do that.”  However this is not always the case.  You first need to understand the legalities of defamation, and how this may apply ...