Additional damages for copyright infringement

intellectual property law brisbane

Under Australian law, victims of copyright infringement may be entitled to an account of profits or compensatory damages under s.115 (2) of the Copyright Act 1951 (Cth) (Copyright Act). Additional damages may also be available under section 115(4) of the Copyright Act.  That section provides: (4)Where, in an action under this section: (a)an infringement of copyright is established; and (b)the […]

Valuation of Minority Interests in Shareholder Oppression Claims

breach of contract lawyers

In Australia, shareholders who feel oppressed or unfairly treated by the company or its directors can seek remedies under various statutory provisions. Here are some of the remedies available to shareholders: Oppression proceedings under the Corporations Act 2001 (Cth): Under section 232 of the Corporations Act, shareholders can apply to the court for relief if […]

Shareholder Agreements – Avoiding Shareholder and Director Disputes

Table of Contents Shareholder and director disputes At the outset of a new business venture the risk of a dispute may seem far fetched.  However, the practical reality that we often see is that disputes in one form or another frequently arise over time for example due to differences of opinion.  These differences can easily […]

Automation, artificial intelligence and legal issues

By Newyorka Musabelliu and Chris Chang – January 2020 It is not surprising that the law cannot keep up with the growth in artificial intelligence.  Patent applications have already been filed on behalf of and in the name of a machine called Dabus that used AI to design two products[1].  Nevertheless, progress is being made […]

Unenforceable Penalty Clauses & Agreed Damages in Contracts

Table of Contents When negotiating a contract the parties commonly think about what should happen in the event that the other party breaches a term of the contract. They may also wish to stipulate what should happen upon the occurrence of a certain event (which may not technically constitute a “breach” of the contract). The […]

Damages for Republication of Defamatory Statement by Third Party

Milne v Ell [2017] NSWSC 555 Home This case serves as a reminder of how liability for defamatory statements can extend to the republication of the statement by third parties, even where the republication has not been expressly authorised (but impliedly authorised).  In summary, an original publisher will be liable for the repetition of his […]

Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017

The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Bill) was introduced by the House of Representatives on 1 March 2017.  A report of the Senate Education and Employment Legislation Committee is presently due by 9 May 2017.  It is anticipated that the Bill (in its current form or otherwise with amendments) will receive Royal […]

Do I Need a Privacy Policy on My Website in Australia?

The answer is mostly likely “yes”, even if you are a small business with annual turnover of less than $3,000,000. Under the Privacy Act 1988 (Cth) (Privacy Act), various types of entities are, in summary, required to comply with a prescribed set of 13 “Australian Privacy Principles”.  The first principle requires a clearly expressed and […]

Protecting your brand & trade mark registration

Before choosing your brand: We have previously discussed important considerations when choosing the name of your business.  Before you decide upon your brand (which may consist of a letter, word, name, number, logo, aspect of packaging, shape, colour, sound or scent) and launch it (including before you register your domain name) a trade mark availability […]