Franchisor Alert – Underpayment of Franchisee’s Employees
Franchisors should be aware of this recent case where a Franchisor was fined a sum of $1.44 million by the Fair Work Ombudsman (FWO) for underpayments by their franchisees to their employees. What happened? A recent case by the Federal Court – Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA found […]
High Court Grants Trade Mark Infringement Appeal
In Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd, the High Court made the decision to allow two appeals filed by Self Care IP Holdings Pty Ltd on the Federal Court’s trade mark infringement decision against Allergan Incorporated. Self Care IP Holdings Pty Ltd (‘Self Care’) supplies and markets cosmetic products, including […]
Breaking down Victoria’s new Commercial Tenancy Relief Scheme Regulations
Victorian commercial tenants are now able to request further rent relief from their landlords, under the new Commercial Tenancy Relief Scheme Regulations 2021 (the “Regulations”). The Regulations, released on 24 August 2021, come as welcome news for small business owners, amidst the numerous extended lockdowns. Eligibility To be eligible for rent relief, a tenant must […]
Interpolation and what it has to do with Olivia Rodrigo, Marvin Gaye & Justin Timberlake.
When listening to a song, do you ever find that it sounds reminiscent of something, but you aren’t sure of what? Often this is because artists will recreate an existing musical composition in their own. In the music industry, this is called interpolation. For example, have a listen to Halsey’s ‘Without Me’ and you may […]
Scarlett Johansson is suing The Walt Disney Company.
Scarlett Johansson is suing The Walt Disney Company over its release of Black Widow. Directed by Australian Cate Shortland, the Film is the most recent addition to the Marvel Cinematic Universe. The lawsuit comes after Disney premiered the film on its streaming service Disney Plus on 9 July, the same day it premiered in movie […]
Five Lessons Australia’s Music Industry Needs To Take Away From The Sony Workplace Crisis
Great Article from the team at themusic.com.au In light of Sony Music Entertainment Australia’s ongoing workplace crisis, ‘The Music’ team has been speaking with industry across the country to gauge their reaction on what this means for the Australian music industry. Here, ‘The Music’ team share these thoughts, as well as our own as publishers, […]
Instagram call-out account Diet Prada is being sued, so what does this mean for local creators?
Interesting article by Bianca ONeill on FashionJournal.com.au about defamation and social media quoting our own Jonathan Xian! Will the groundbreaking defamation case brought by Dolce & Gabbana change the landscape for call-out account creators? The news about famed Instagram call-out account Diet Prada being sued has surely instilled fear in the hearts of the (often […]
Deal or No Deal – Will a Pre-Nuptial Agreement Really Protect Your Financial Position?
Binding Financial Agreements (‘BFAs’), also known as pre-nuptial agreements, allow couples to protect their individual assets and debt liability, and opt out of having their property settled by court orders, should their marriage, or de facto relationship, end. However, the case of Hoult & Hoult (2013), confirmed that unlike other Family Law remedies, such as […]
Misbehaving Single Expert Witnesses – Can their conduct compromise your family report?
Family report writers are independent third parties who provide expert evidence to the court. Their knowledge, experience and skill in assessing family environments and preparing reports are extremely valuable to the Court’s decision making. However, as in all professions, some experts act unethically and breach their professional obligations. As a result, the integrity of their […]
Think before you breach: Could you be in breach of parenting Orders if you are trying to protect your child from COVID?
COVID-19 travel restrictions and social distancing orders have affected families across Australia. Particularly, for families with court-issued parenting orders requiring travel, it may not be reasonably practicable to follow these orders during this time. However, unless the contravention of an order falls under the ‘reasonable excuse’ definition in section 70NAE Family Law Act 1975, serious […]
Family law property services – Appeals in the Court after a decision has been made regarding a property settlement.
Many family law litigants find themselves unhappy with Orders made by the Court. Such unhappiness may arise at the interim stage of proceedings, or at the conclusion of a final hearing after a trial. It is important to understand that Registrars and Judges in the Family Law system in Australia are specialists in their field, […]
Family law property services – Applications to the Court for Enforcement of property Orders or Enforcement of a Binding Financial Agreement (BFA)
Unfortunately, from time to time a party to property Court Orders will be in default of their obligations under Court Orders or a Binding Financial Agreement (BFA). This situation can arise whether the property Orders were made by Consent or by Order of a Judge upon conclusion of a trial. (Binding Financial Agreements are always […]