561-570 of 590 results
Workplace Relations
We look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor the Fair Work Commissions position on legal representation a case that helps clarify when restructuring roles will create genuine redundancy whether a gift to employees who ...
Another win for arbitration
The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...
Does legal professional privilege apply to communications with third-party commercial advisers?
Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...
Court takes an expansive view of threshold requirement for class actions against multiple respondents
A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...
Isolated genetic material confirmed as patentable
In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...
The fiduciary duty of mortgage brokers?
There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...
Distressed debt M&A - share transfers without a scheme
The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...
Important clarifications of Australian trade mark registrability
Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...
Babcock & Brown - a market disclosure claim decided
The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...