In order to make a claim for unfair dismissal, one of the pre-conditions to be satisfied is that the employee must have served the statutory minimum employment period – for those engaged by a “small … [Read more...]
IS YOUR HEADS OF AGREEMENT CERTAIN ENOUGH TO BE ENFORCEABLE?
A Heads of Agreement (also known as a Memorandum of Understanding (MOU) or Letter of Intent (LOI)) is a document outlining the proposed agreement between the parties to it. There are a number of … [Read more...]
CAN A BIKINI STYLE NAME INFRINGE A TRADE MARK?
Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) The parties Pinnacle Runway Pty Ltd (“Pinnacle”) designs, manufactures, supplies and sells women’s clothing in … [Read more...]
When the same slogan is used by different businesses
The Supreme Court has struck out a claim made by Ms Annika Karlsson in which she alleged that Griffith University had breached her trademark registration of the slogan “Know more. Do more.” The … [Read more...]
The significance of pre-contract negotiations
The difficulties associated with a partly oral and partly written contract were considered by the Supreme Court in an April 2019 decision involving the Fields Group, a security company based on the … [Read more...]
THE COURT’S POWER TO CREATE AN EASEMENT – AND THE REQUIREMENT NOT TO BE “FOOLISH, IRRATIONAL OR UNREASONABLE” IN THE PROCESS
A 2018 decision by the Supreme Court of New South Wales reinforces the fact that if there is an obvious encroachment on your property over a number of years, it cannot later be denied that an existing … [Read more...]
Dissolving a business partnership in the absence of a partnership agreement
The Supreme Court made orders in 2017 regarding the winding up of a partnership that operated a real estate agency. The two former partners agreed upon the existence and duration of their … [Read more...]
The importance of following proper processes for making a Statutory Declaration
As lawyers and Justices of the Peace, we are often asked to witness signatures on important documents such as Statutory Declarations. As authorised witnesses, we must ensure that we comply with the … [Read more...]
Clarifying the deceased’s relationships at the time of death – and determining who has the right to decide on burial or cremation
If a deceased person has not specified whether they would like to be buried or cremated (in their Will or otherwise), the legal right to make such a decision rests with the deceased’s next of … [Read more...]
When the validity of a by-law is challenged
Proper procedure should be followed when changing by-laws within a strata scheme – this includes adding, modifying or repealing a by-law. But in some circumstances a resolution in relation to a by-law … [Read more...]
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