Corporate and Commercial

Restraints of trade - not all roses in commercial dealings

Richard Suters 03/02/2022

Commercial documents frequently contain restraints of trade designed to protect a party’s commercial interests. In this article, Richard Suters, Principal of the Corporate and Commercial team discusses the validity of restraint of trade provisions and how to avoid your restraint being successfully challenged.

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Corporate and Commercial

Unfair Contract Terms – Major Reforms Proposed

Richard Suters 11/11/2021

The Federal Government has released a draft bill which proposes to strengthen the unfair contract terms regime by expanding the scope of its application and introducing significant penalties for contravention. In this article, Richard Suters, Principal of the Corporate & Commercial team, discusses the proposed changes and what it will means for businesses if they are implemented.

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Corporate and Commercial

Contract notice provisions are worth noticing

Richard Suters 09/09/2021

COVID-19 is causing havoc and creating volatility with supply chains, labour availability and project scheduling. In this environment, it has never been more important for parties to be on top of the management of their contracts. Now is not the time to be relying on the relationship and not reading the contract.

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Corporate and Commercial

Update on director identification numbers for all Australian directors

Richard Suters 28/07/2021

The Australian Government has released draft exposure materials which provide further information on the Director Identification Number (DIN) regime. The regime requires all directors of Australian corporations to have a unique identification number to increase director accountability. This article will explore the changes and what steps should be taken in preparation for the new obligations.

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Intellectual Property and IT

Who is the correct owner of your trade mark?

Richard Suters 28/07/2021

Businesses and individuals should exercise caution when applying for registration of a trade mark to ensure the proper owner of the mark is registered. This is an issue that can present itself many years after registration and as the decision in Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd (2017) 251 FCR 379 makes clear, ownership must be established at the time of applying for registration.

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