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The tale of two women, two teenage dreams and one name - Katy Perry vs Katie Perry business federal court intellectual property trade marks May 03, 2023

As stated by Justice Markovic in his opening paragraph of the 21 April 2023 judgment:

"This is a tale of two women, two teenage dreams and one name."

Katie Taylor (nee Perry) - the Australian fashion designer

  • a fashion designer
  • designed and sold clothes under the name "Katie Perry" since about
  • ...
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A franchisor’s duty to avoid misleading and deceptive conduct during pre-contract negotiations business business law franchises franchising code of conduct good faith misleading and deceptive conduct unconscionable conduct Apr 12, 2023

The franchising industry has been a vital part of the Australian economy, contributing significantly to employment and economic growth. According to 2022 figures, the franchising industry in Australia is estimated to be worth around $172 billion, with approximately 1,120 franchisors operating in Aus...

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The power of section 100 statements: exploring the testator's choices in estate planning estate planning estates family provision succession act supreme court Apr 10, 2023

 When a person creates a will, they have the power to decide who will inherit their property and assets after they pass away. In some cases, a testator may choose to exclude a child from their will, and in such cases, they may choose to include a statement explaining the reasons why the child was ex...

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When a husband forges his wife’s signature for the sale of their property authority property property law selling property Feb 01, 2023

Jargo v Patterson [2022] NSW 1049

The transaction

The purchasers claimed that they entered into a valid and binding contract for the purchase of a property at Burwood in Sydney from the husband and wife owners for a purchase price of $4,507,000, however the owners denied that the alleged contract ...

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Who is a "child" when planning your estate? estate planning estates family provision succession act Dec 07, 2022

In a modern society where dynamic family structures are becoming more prevalent and varying methods of contraception are widely accessible, it follows that the legal definition of a 'child' has broadened significantly. Where 'child' was previously considered as only biological, the definition has no...

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First Home Buyer choice - one-off or annually? first home buyer property purchasing property Dec 04, 2022

What?

On 11 November 2022, the NSW State government passed the Property Tax (First Home Buyer Choice) Act 2022 (“the Act”) which provides first home buyers with alternatives when paying stamp duty.

The Act provides first home buyers with the choice of either:

1. paying stamp duty at the time of p...

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Providing accurate information when selling a business business business law business purchase business sale false or misleading representations misleading and deceptive conduct supreme court Dec 02, 2022

The concept of “misleading and deceptive conduct” doesn’t only arise in the context of consumer law, requiring a seller to ensure that it does not mislead or deceive, or engage in conduct which is likely to mislead or deceive, its consumers in relation to the product or service that it is selling.  ...

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Attempting to sever a joint tenancy by relying on a Power of Attorney estate planning estates power of attorney property real property act Nov 10, 2022

If you are appointed as a substitute attorney under a Power of Attorney, ensure that you are validly entitled to act if the first appointed attorney is unable or unwilling to so act, and that you are acting within the scope of your designed power.  These issues, and more, were considered by the Supr...

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Considerations when requesting a retail landlord's consent to assignment of the lease business landlord lease property retail lease retail leases act tenant Oct 11, 2022

 If you are a retail tenant, and you wish to sell your business (and assign your lease to the business purchaser), or for any other reason, you wish to assign or transfer your lease to another party, then depending on the terms of your lease, you may need to obtain the prior consent of the landlord....

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Why getting your full legal name correct is so important property property law selling property Oct 04, 2022

As you can imagine, when entering into a legal transaction, whether it be a lease, a contract or a Deed, it is vital that your correct legal name is used.

Whilst it might seem obvious, the reason for this is to ensure that the person named in the documents can be easily identified as the person cla...

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Changes to the Contract for Sale and Purchase of Land conveyancing property selling property Sep 15, 2022

The 2022 edition of the Contract for the Sale and Purchase of Land has just been released by the Law Society of New South Wales, with the amendments to the previous edition mostly prompted by the commencement of the Conveyancing (Sale of Land) Regulation 2022 on 1 September 2022.

The latest edition...

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10 things you may not know about unfair dismissal business business law employee rights employment law fair work act fair work commission unfair dismissal Sep 10, 2022
  1. The laws relating to unfair dismissal attempt to balance the needs of the business and the needs of employees, and establish procedures for dealing with unfair dismissal that are quick, flexible and informal, and address the needs of employers and employees. The aim is to ensure that a “fair go al...
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This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.