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Dispute Resolution & Litigation

Commercial Law

Repudiation of a Contract: When Can You Treat It as Over?

What repudiation of a contract means in Australia, the Koompahtoo test, your election to terminate or affirm, and the traps that turn a strong claim into liability.

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Dispute Resolution & Litigation

Interlocutory Injunctions in Australia: When Waiting for Trial Is Not an Option

A business owner discovers that a recently departed sales director has taken the client list and is already calling customers on behalf

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Dispute Resolution & Litigation

Exclusion, information restriction and exit frustration: A case study in minority shareholder oppression – Jolan Pty Ltd v Essential Investments Pty Ltd (No 2) [2021] FCA 1533

Home The Federal Court’s decision in Jolan Pty Ltd v Essential Investments Pty Ltd (No 2) [2021] FCA 1533 (Jolan) is a

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Dispute Resolution & Litigation

Have you accidentally transferred money to the wrong account?

1. Contact your bank immediately ePayments Code[1] administered by ASIC The ePayments Code is a voluntary code of practice that banks and

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Commercial Law

Additional damages for copyright infringement

Home Under Australian law, victims of copyright infringement may be entitled to an account of profits or compensatory damages under s.115 (2)

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Commercial Law

Valuation of Minority Interests in Shareholder Oppression Claims

Home In Australia, shareholders who feel oppressed or unfairly treated by the company or its directors can seek remedies under various statutory

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Commercial Law

FirmChecker 2021 ‘Best Law Firms in Sydney 2021’ Award Winners

Heathfield Grosvenor Lawyers has been recognised as ‘a highly rated firm’ by FirmChecker (don’t know what that is? It is equivalent to

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Commercial Law

Shareholder Agreements – Avoiding Shareholder and Director Disputes

Home Shareholder and director disputes At the outset of a new business venture the risk of a dispute may seem far fetched. 

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Commercial Law

Casual Workers Fair Work Amendment 2021 | HG Law

The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill makes changes for casual employees.

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Commercial Law

Automation, artificial intelligence and legal issues

Home By Newyorka Musabelliu and Chris Chang – January 2020 It is not surprising that the law cannot keep up with the

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Commercial Law

Unenforceable Penalty Clauses & Agreed Damages in Contracts

Home When negotiating a contract the parties commonly think about what should happen in the event that the other party breaches a

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Commercial Law

Damages for Republication of Defamatory Statement by Third Party

Home Milne v Ell [2017] NSWSC 555 Home This case serves as a reminder of how liability for defamatory statements can extend

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Commercial Law

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

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Commercial Law

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

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Commercial Law

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

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Commercial Law

Minimum Employment Terms and Conditions in Australia

Employers who wish to sponsor skilled employees from overseas are, in summary, required under the subclass 457 scheme to provide terms and

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Commercial Law

Legal Considerations When Choosing A Business Name in Australia

When it comes to choosing the name of your business, there are various key legal factors that you should consider. Existing registered

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Commercial Law

How to Manage an Employee’s Performance & Associated Disciplinary Action

1          ISSUE You have an employee who is under-performing in their work or behaviour and you wish to manage their performance and

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Copyright

Online copyright infringement of movies and website blocking by CSPs: Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503 (15 December 2016)

The Federal Court of Australia has made the first reported orders under the new s.115A of the Copyright Act 1958 (Cth) by

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Commercial Law

Unfair Contract Term Protections for Small Businesses

BACKGROUND Following public consultation processes, new laws[1] came into force on 12 November 2016 which extended existing consumer protection laws against unfair

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