21-30 of 189 results

ACCC's good result in bad faith claim
Insight 28 Feb 2019

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 ...

Don't sweat it - Federal Court finds 'clinical strength' claims on deodorant were not misleading
Insight 28 Feb 2019

The Federal Court found in a dispute between Unilver and Beiersdorf, that the use of 'clinical strength' marketing in relation to Nivea deodorants was not false, misleading or deceptive as Unilever had claimed. ...

McDonald's gets bite taken out of trade mark portfolio
Insight 28 Feb 2019

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
Insight 18 Feb 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 ...

Update on unpaid family and domestic violence leave, and flexible working arrangements
Insight 19 Jan 2019

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. ...

Dismissal for scab-calling unfair
Insight 19 Jan 2019

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
Insight 19 Jan 2019

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. ...

Service with labour hire company counts after a transfer of business
Insight 19 Jan 2019

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
Insight 19 Jan 2019

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 ...

Four key principles from Sigma v Wyeth
Insight 19 Dec 2018

Justice Jagot's mammoth judgment in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth sets down important principles relating to claims for damages under the usual undertaking as to damages, where an interlocutory injunction has been wrongly granted. ...