The Federal Government recently announced its intention to overhaul Australia’s insolvency laws in relation to small businesses. The intention is to reduce time and cost and better serve businesses, creditors and employees to survive in difficult times, but what is expected to be implemented and what should businesses or creditors do to prepare? As with […]
Most people, at one time or another, have probably received an unsolicited phone call or knock on the door from a telemarketer or salesperson offering to sell them goods or services. If the salesperson contacts you directly and you have not invited them to do so, and you subsequently enter into a contract to purchase […]
A recent decision of the Supreme Court of NSW has clarified certain important aspects of the legislation enacted to address the effects of the COVID-19 pandemic on commercial leases and will provide welcome guidance to landlords and tenants in NSW trying to navigate those laws. The COVID-19 rent relief package was announced by the […]
An opposition to a trade mark is a formal objection to that mark being registered. Parties may choose to oppose a trade mark being registered for a variety of different reasons. For example, they may: believe a trade mark which has been accepted at examination is too similar to their own; or own a registered […]
Trade mark applications can be confusing, especially when those who wish to assert their Intellectual Property (‘IP’) rights, have prepared their application and performed their due diligence receive an adverse finding report three to six months later by an IP Australia examiner. To better understand the process undertaken by IP Australia examiners in assessing trade […]
As a tenant when negotiating the terms of a commercial lease one of the most valuable things to obtain is what is called an “option”. An option is a term in a commercial or retail lease that permits a tenant to renew their lease at the end of the initial lease period for a further […]
Following on from one of the worst fire seasons in living memory many Australians have at the front of their minds the issue of fire safety. Often (and rightfully) this is in the context of what can one do as a home owner to better protect their home and loved ones. But the tragedy of […]
At common law, the owner of an unregistered trade mark in Australia for particular goods or services is taken to be the first person to use it in Australia in the course of trade in those goods or services. If there has been no use, the first person to apply to register a trade mark […]
It is important for all parties to understand their obligations before entering into a lease. The Retail Leases Act 1994 (NSW) seeks to ensure that the important information is at hand before entering into a retail lease. Generally, a lease will fall within the definition of a Retail Lease for the purposes of the Act […]
The first step in any family law property settlement is to identify and value the assets belonging to each party. A business is an asset and its value either needs to be agreed between the parties or valued by a qualified expert. A business, like any asset, is to be valued at its […]
