21-30 of 189 results
ACCC's good result in bad faith claim
The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...
'Best method' a heavy burden for patentees
Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...
McDonald's gets bite taken out of trade mark portfolio
The European Union Intellectual Property Office recently revoked the McDonald's 'BIG MAC' trade mark. Associate Emma Gorrie and Summer Clerk Spiro Kalavritinos detail how one of the world's most well-known brands suffered this blow in relation to its namesake product. ...
Report: Private Equity Horizons 2019
With dealmakers taking full advantage of highly accessible financing and a massive hoard of dry powder to close more buyouts than before 2018 was one of the most active years ever for private equity in Australia The mountain of dry powder competing for limited opportunities combined with elevated ...
Dismissal for scab-calling unfair
The Full Bench of the FWC decided that an employer's decision to summarily dismiss an employee for calling another worker a 'f***ing scab' during protracted industrial disputation was unfair ...
Defective IFA survives to defeat underpayment claim
The FCC rejected a truck driver's underpayment claim, finding that the terms of an individual flexibility arrangement applied to his employment, despite it not complying with the relevant legal requirements. ...
Update on unpaid family and domestic violence leave, and flexible working arrangements
Since December 2018, all employees are entitled to unpaid family and domestic violence leave under the NES. Employers should also be aware of the new modern award requirements to discuss flexible working arrangements with employees. Senior Associate Tegan Ayling reports. ...
Service with labour hire company counts after a transfer of business
The FWC has decided that an employee's service with a labour hire company will count as service with his new employer following a transfer of business ...
Federal Court rules on employer's power to require reasonable overtime
In considering the terms of an enterprise agreement allowing an employer to require reasonable overtime, the Full Federal Court decided that the employer's increase in the number of overtime hours could constitute a breach of the agreement ...
Indemnity costs and offers of compromise
How is the Federal Court currently handling the issue of offers of compromise and indemnity costs? Lawyer Phoebe St John recaps Reckitt Benckiser v GSK Australia (No 2) to find out the latest. ...