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Member Articles


Penalties, Prosecutions and Prison Time: The ACCC’s Crackdown on Cartel Conduct

The Australian Competition and Consumer Commission (ACCC) has taken an aggressive stance against cartel conduct, leveraging its enforcement powers to secure significant penalties and criminal convictions against both bus ...

Lease Incentives: When is a Claw Back Considered Unenforceable?

In the context of commercial leasing, consideration should be given to what would constitute a penalty versus a genuine pre-estimate of damage for the purposes of enabling a landlord to lawfully claw back a proportion of ...

Security of Payment – Service of Notices and Actual Receipt, BCFK Holdings v Rork Projects

The recent NSW Supreme Court decision in BCFK Holdings v Rork Projects provides useful guidance on important aspects of the critical milestone of valid service of claims under the Building and Construction Industry Secur ...

Reputation in a Registered Trade Mark Not a Factor for Deceptive Similarity: Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd

The recent High Court decision of Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd[1] provides clarity on the contentious question of the role of reputation in trade mark infringement proceedings. On appeal, t ...

Natural Persons Only: Federal Court Clarifies Superannuation Entitlements in Jamsek v ZG Operations Australia

In Jamsek v ZG Operations Australia Pty Ltd (No 3) (Jamsek No 3) [1] the Full Federal Court confirmed that only natural persons are entitled to superannuation guarantee contributions, which excludes workers providing ser ...

Federal Government Goes Full Throttle Into Vehicle Electrification

Last week the Federal Government released an Australian first to further its commitment in the transition into a decarbonised transport system – the National Electric Vehicle (NEV) strategy. This strategy aims to incre ...

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