Seminar Papers & Case Notes Articles

Protection of Intellectual Property for Small Business

North Shore Wednesday Group 19 June 2019 Greg Ross Partner What is the pudding here for? Deezert: Guest Post: Is Christmas pudding – pudding? What is “Intellectual Property”? Type of property right that covers intangible creations of the human intellect, as opposed to things like land or goods String of different laws and rules mostly

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Retail Leasing Reforms

The Retail Leases Amendment (Review) Bill 2017 was passed by NSW Parliament on 21 February 2017, amending the Retail Leases Act 1994 (NSW) (“the Act”) and came into effect on 1 July 2017.

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Changes to the Retail Leases Act 1994 (NSW)

On 1 March 2017 the Retail Leases Amendment (Review) Act 2017 No 2 (NSW) (“amending legislation”) received Royal Assent. These significant amendments to the Retail Leases Act 1994 (NSW) (“Act”) will commence on 1 July 2017. The amending legislation will introduce key reforms which will impact both lessors and lessees of retail premises in New

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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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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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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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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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Development Consent Conditions, the good, the bad & the… rest.

Great news! – Your development has been approved! Let’s read through these conditions, I’m sure they will be fine… Unfortunately for some, the joy of an approval can be fleeting. Conditions on a development consent (“a Consent”) can sometimes become another hurdle to overcome just when an applicant thought they were getting to the end

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Engaging Recent Property, Environmental & Planning Law Cases

Thanks for the frogs! – Council’s liability in nuisance to a downstream developer for inadequate action on upstream development & deliberately directing stormwater onto private land Gales Holdings Pty Ltd v Tweed Shire Council [2013] NSWCA 382 Gales Holdings owned a large site of undeveloped land in Kingscliff (“the Site”); the Council did not adequately

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Managing Procurement in Government Agencies

Gregory Ross Partner Government Law Seminar 19 March 2014 Deciding when to outsource When to outsource and what to outsource is, of course, an internal decision. It is partly a risk management decision. It is partly a resourcing decision. There may well be policy reasons why some types of goods and/or services are not outsourced.

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My development consent is about to expire! What can I do?

“A development consent is a valuable asset. It is a statutory permission that authorises the carrying out of development on land, mostly for economic gain… It adds value to the land. Hence the prospect of a consent lapsing is apt to engender dismay in the holder of the consent.” CJ Preston in para 1 Kinder

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Council hasn’t approved my DA – What should I do

This is probably the most common question asked of planning lawyers and an experience most people would prefer to avoid. The refusal, or “failure”, to give a consent to a development application (“DA”) by consent authorities (usually local councils) can have a very personal impact on applicants who are often not professional developers and are

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I want to go to the Land & Environment Court

I have heard clients say this before and think no-one should want to go to Court, although the Land & Environment Court (“L&E Court“) is probably a more pleasant court to be in than others. By the time applicants under a DA seek legal advice, they are usually unwilling to wait anymore or try again

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Perfect or Perish Priority-Wise – PPSA Temporary Protection Period Expires Soon

by Peter Aked, Partner, and Kerry Sidaway, Partner 26 November 2013 When the Personal Property Security Act 2009 (Cth.) (“PPSA”) came into force on 30 January 2012 pre-existing ‘securities interests’ over personal property (i.e. excluding land, fixtures and specified statutory interests) which were defined to be a ‘transitional security interest’ were deemed to be temporarily

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Post Contract Management

POST CONTRACT MANAGEMENT: WE HAVE THE CONTRACT, NOW WHAT? Gregory Ross [1] Abstract: Winning a contract, whether by direct negotiation, acceptance of a tender lodged, success in an expression of interest process followed by negotiation or otherwise is only the first step. Ensuring that the contract works operationally on the ground to achieve its intended

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Can an adviser to a company be a shadow director?

Christina Cavallaro, Associate Mark Doble, Partner 27 August 2013 Overview Is there a risk that an adviser to a company may be deemed to be a shadow director? This paper examines the circumstances in which a person may be found to be a shadow director and provides some practical tips on how advisers can avoid

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