Recent intellectual property cases

The following is a wrap-up of decisions that have been reported in CCH’s Australian Industrial & Intellectual Property service: PATENTS           • Is computer implementation sufficient to make a method patentable?: Subject to any High Court appeal, this decision would appear … Continue reading

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FOFA amendments disallowed – where to now?

Contributed by Tina Doan, CCH writer/editor. Since being introduced by the previous Labor government in 2012, the Future of Financial Advice (FOFA) reforms have been subject to intense political debate and numerous amendments. In the latest development, the opposition government … Continue reading

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Supply chain risk

By Daniel Sheehan, Editor of GRC Professional In a low-growth global environment, many companies are struggling to grow revenues. In order to sustain profitability and keep shareholders happy, companies are having to make aggressive cost cuts. One of the first … Continue reading

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PPSA case update 2014

As the year draws to a close I thought it may be useful to provide a list of the Personal Property Securities Act (2009) (PPSA) Australian decisions that have been covered in our CCH Australian Personal Property Securities Law Reporter for … Continue reading

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Application of s 588FL can lead to “seemingly draconian outcomes”

Written by Anne Wardell, Editorial Content Manager. The importance of registering a security interest as soon as possible has been demonstrated by a recent decision of Sifris J of the Supreme Court of Victoria. In Carrafa, Gountzos & Lofthouse (as … Continue reading

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CGT planning for business sale (gone wrong)

Contributed by Associate Professor Justin Dabner, Law School, James Cook University, Cairns; Adjunct research fellow in Business Law and Taxation, Faculty of Business and Economics, Monash University A change in the ownership of a business provides an opportunity for tax … Continue reading

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Financial agreements and the law of contract: grounds for setting aside Part 4

By Jacqueline Campbell, Forte Family Lawyers: November 2014 PART 4 – OTHER REMEDIES This is the final part of a 4-part article. You can read Part 1 here, Part 2 here and Part 3 here. BREACH Default in the performance of obligations … Continue reading

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Financial agreements and the law of contract: grounds for setting aside Part 3

By Jacqueline Campbell, Forte Family Lawyers: November 2014 PART 3 – GROUNDS TO SET ASIDE – UNEQUAL BARGAINING POWER This is the third part of a four-part article. You can read Part 1 here and Part 2 here. UNEQUAL BARGAINING … Continue reading

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Financial agreements and the law of contract: grounds for setting aside Part 2

By Jacqueline Campbell, Forte Family Lawyers: November 2014 PART 2 – GROUNDS TO SET ASIDE FRAUD, MISTAKE & MISREPRESENTATION This is the second part of a four part article. You can read Part 1 here. FRAUD Fraud arises in several contexts … Continue reading

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Financial agreements and the law of contract: grounds for setting aside Part 1

By Jacqueline Campbell, Forte Family Lawyers: November 2014 This is the first part of a four part article. PART 1 – INTRODUCTION Besides the difficulties encountered by lawyers trying to navigate the complexities of Pt VIIIA (and the equivalent, but … Continue reading

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