News Articles

Voidable Transactions and the Race Against Time

Australian Restructuring Insolvency & Turnaround Association (ARITA) Journal Co-authored by Christina Cavallaro, Senior Associate at Eakin McCaffery Cox Lawyers and Nicholas Simpson, Sydney barrister. This article discusses the recent Court of Appeal decision of Sydney Recycling Park Pty Ltd v Cardinal Group Pty Ltd (in liquidation) [2016] NSWCA 329 and explores the issue of bringing

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When Is a Contract Claim a Bankrupt’s Claim?

Law Society Journal Co-authored by Christina Cavallaro, Senior Associate at Eakin McCaffery Cox Lawyers and Nicholas Simpson, Sydney barrister. The article examines the recent decision of Berryman v Zurich Australia Ltd [2016] WASC 196 which considered whether a benefit payable pursuant to a bankrupt’s disability insurance policy was divisible amongst his or her creditors and,

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Contract Penalty / Liquidated Damages Law – ? Resolution ?

The July 2016 decision by High Court of Australia’s (HCA) in Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28 (27 July 2016) (http://www.austlii.edu.au/au/cases/cth/HCA/2016/28.html), will hopefully end the tortuous litigious path of issues relating to whether certain bank fees do or do not amount to unenforceable contractual penalties. In a majority decision,

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A Change of Mark Specification

Asia IP Magazine Christina Cavallaro and Gregory Ross provide their comments on whether amendments to registered trade marks should be permitted to keep up with evolving technology.

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Peter Aked Promoted to Equity Partner

It is with great pleasure, Eakin McCaffery Cox announces the promotion of Peter Aked to the role of Equity Partner, effective 1 April 2016. Peter joined the firm, in the role of Associate, in June 2008. Peter was promoted to Salaried Partner in March 2012. Peter practises in the Corporate – Commercial Group and has

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Copyright Problems Emerge

Asia IP Magazine Gregory Ross and Christina Cavallaro share their opinion on hot new copyright issues that have emerged in the last 12 months. The article can be accessed here.

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Drop the Beat

Asia IP Magazine Gregory Ross and Christina Cavallaro share their opinion on copyright issues in the music industry.

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Relief against forfeiture. Once is enough

In a recent case in the Supreme Court of NSW Justice Young granted relief against forfeiture in favour of a tenant who operated a nightclub in Kings Cross(Elevation (NSW) Pty Ltd v Uniting Church in Australia Property Trust (NSW) – [2014] NSWSC 331). It wasn’t the first time there were difficulties between the landlord and

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Coveting thy neighbour’s land. Access options

Question: Can I have access to, or through, my neighbour’s land? The short answer is: Yes, if your neighbour agrees. Otherwise, the answer is longer, with legal options available in some circumstances. In NSW, there is legislation that enables Court ordered access to be granted, both temporary and permanent in certain situations. But, the Courts

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3D Revolution

Asia IP Magazine Comments from Gregory Ross and Christina Cavallaro on the ups and downs of 3D printing and its effect on copyright, patents and trade marks appear in the May/June 2015 edition of Asia IP magazine.

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Pre-DA Meetings, Yes, No, Maybe?

Pre-DA meetings – Yes, No, Maybe? Outcomes of a pre-DA meeting can be mixed so: time it right; be prepared; and, think before you pre-DA. what is a pre-DA meeting? A pre-DA meeting is a meeting with experienced officers from Council who may end up assessing your development application (“DA”). The officers usually give some

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The Amazing Enforce-Men

Asia IP Magazine Christina Cavallaro, Greg Ross and John Cox share their perspectives on intellectual property enforcement on an international level with Asia IP magazine (page 9).

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