The so called ‘IP exemption’ (section 51(3) of the Competition and Consumer Act 2010 (CCA)) has historically provided a carve out for IP rights holders for agreements and arrangements which would otherwise breach certain restrictive … Continued
The recent court enforceable undertaking provided by Husqvarna Australia Pty Ltd (Husqvarna Australia) to the Australian Competition and Consumer Commission (ACCC), highlights the importance for all manufacturers, suppliers and licensors to carefully assess their network … Continued
Background In March 2018, the Senate referred an inquiry (Inquiry) into the operation and effectiveness of the Franchising Code of Conduct (Code) to the Parliamentary Joint Committee on Corporations and Financial Services (Committee). Since 5 … Continued
Agile methodology is now extensively used in Information and Communication Technology (ICT) projects involving a design or development component. It comprises terminology and processes that are different from those used in a traditional contract, which … Continued
Conflicts of interest of company directors are generally regarded as inconsistent with good corporate governance. They leave the company and the directors exposed to claims of breach of duty and oppression of shareholders. In the … Continued
On 12 November 2016, the Australian Consumer Law (ACL)’s unfair contract terms regime began applying to ‘small business contracts’. This change has the potential to impact local government as it gives ‘small businesses’ the ability … Continued
The recent New South Wales District Court decision of Sayde Developments Pty Limited v Arab Bank Australia Limited provides a timely reminder of the importance of careful drafting for lenders who seek to charge their clients default … Continued
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