2571-2580 of 4375 results
When performance is personal – the hazards of subcontracting without consent
A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...
What’s in a name? Famous faces and their famous trade marks
For a celebrity, your name is your business. It is no surprise then that celebrities will go to great lengths to protect their brand. This is clear from a recent flurry of A-list trade mark activity including by the likes of Kim Kardashian West, Kylie Jenner and Beyoncé. ...
Computer-implemented business methods and manner of manufacture…where do we stand?
In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...
Build-to-Rent holds the key to Australia's future liveability
New research from Allens and Urbis, the Build-to-Rent: Key to unlocking the future liveability of Australia's cities report, has found that Build-to-Rent ( BTR ) may be the quickest solution to ...
Dealing with data: emerging trends in M&A transactions
Data remains one of the most undervalued assets, with most companies still failing to even include it as an asset on their balance sheet. Buyers and sellers who can recognise data assets and properly demonstrate how value can be extracted from them will be best placed for future M&A transactions. ...
Employer's attempt to dismiss controversial employee costs $1.2 million in compensation
The Federal Circuit Court of Australia awarded a professor more than $1.2 million after his employer, a university, used 'cherry-picked' parts of his writings to justify his dismissal. ...
New superannuation opt-out for high income earners
From 1 January 2020, individuals who have more than one job may be able to opt out of receiving super contributions from all of their employers. ...
The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...
The rise of plant-based 'meats' and emerging legal issues
The demand for plant-based 'meat' alternatives is predicted to grow. As with any new industry, there is a series of regulatory issues that businesses should carefully navigate at the early planning phase. This is to avoid encountering issues down the track that may affect the marketing and supply of such products in Australia. ...
Linklaters Insight: Global Fintech Year in Review 2019 and Year to Come 2020
In this report, teams from 16 countries including Australia have summarised legal and commercial developments in the fintech space for 2019 and looked forward in predicting likely themes in 2020. ...