Newspaper & Journal Articles

COVID19-Ongoing Support

Attending our offices Please do not attend our office if you are suffering from any symptons. Please observe safe personal distance. Aware and Prepare – Ongoing Support to You & Your Business We are living in strange and challenging times. In this time of COVID19, both personally and business-wise, we need to think outside the

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Sentry Bugle Blast

EMC ACTS ON SALE OF SHARES IN SUCCESFUL MULTI DOLLAR MILLION MEDICAL SUPPLY COMPANY The commercial team at Eakin McCaffery Cox has recently completed the successful sale for a client of their shareholding in a Sentry Medical Pty Ltd , a major supplier in medical  consumables industry to the  publically listed EBOS Group Ltd.  The

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Protecting Brand / Trademark / Logo

Registration of YOUR TRADEMARK/LOGO as a trademark is a very good means of protecting your business. If you ever have a need to enforce your rights or defend your right to use YOUR TRADEMARK/LOGO, having YOUR TRADEMARK/LOGO registered as a trademark is a great help because it gives statutory enforcement rights, rather than have to

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Franchising Code of Conduct – Proposed Changes

The Franchising Code of Conduct is proposed to be amended by the Competition and Consumer (Industry Codes— Franchising) Amendment (Fairness in Franchising) Regulations 2020 (the “Proposed Regulation”). It has been issued as an ‘exposure draft’, in respect of which public submissions can be made until December 4 2020. The key areas of reform include: Disclosure;

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Do My Terms of Trade Mean I Need a Credit Licence

Legislative requirements on whether an organisation or business is to be classed as a “credit provider” needing to have a licence under the Consumer Credit Code are complex. If an organisation or a small business operator supplies “credit”[1] in the course of the sale of goods or services and the repayments are deferred for at

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Surcharge Land Tax NSW

The 2016 NSW Budget introduced a surcharge on Land tax to be paid by foreign persons owning land in NSW. See below links for the full article: https://www.eakin.com.au/surcharge-land-tax-nsw/ Surcharge Land Tax Nsw  

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Relief Against Forfeiture Refused for Pre-covid19 Default

In the recent case of MIR Holdings Pty Ltd & Anor v Marina Square Retail Pty Ltd [2020] NSWSC 1418 the Supreme Court refused an interlocutory application for relief against forfeiture by two retail lessees whose leases were terminated during the COVID pandemic period for arrears that arose prior to the pandemic period. See link

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Defeating Trademark Infringers

Despite the myriad of measures taken brand owners to defeat infringers, infringers are still willing to take the risk. Lawyers from around the region have shared some recent failed attempts with us. In Australia, Bauer Consumer Media v. Evergreen Television, is particularly notable in this era of increased international trade, says Christina Cavallaro, special counsel

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Nelson Arias-alvarez Joins Eakin Mccaffery Cox

Eakin McCaffery Cox welcomes Nelson Arias-Alvarez as a Special Counsel in our Litigation dept. Nelson is an experienced construction & projects lawyer practicing at both the front-end and back-end of the project life cycle. Nelson has acted for a broad range of stakeholders in the construction industry and specialises in acting for principal contractors and

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Wanting to leave Australia? When and Why You Can!

Hiding amongst all the material on internal Australian COVID19 restrictions, there is also a prohibition on Australian citizens and permanent residents leaving the country. However, there is some flexibility under the relevant health direction – Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 However, there is some

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Eakin Mccaffery Cox Welcomes Tom Wallace

Eakin McCaffery Cox welcomes Tom Wallace as a solicitor in our Litigation Team. With a background in commercial litigation, Tom brings experience having acted for clients in debt recovery, corporate insolvency and bankruptcy proceedings. Tom appears regularly in various State and Federal Courts and maintains professional relationships with insolvency practitioners, small business owners and members

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Director Identification Numbers (‘din’) – Sounding With Creditors – Will It Kill the Phoenix? Summary

New legislation, which is expected to commence within the next two years,  will require all directors of a body corporate registered under the Corporations Act and Corporations (Aboriginal and Torres Strait Islander) Act to register for a Director Identification Number (‘DIN’). https://www.eakin.com.au/director-identification-numbers https://www.linkedin.com/feed/update/urn:li:activity:6683173716190490624

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Procurement (Enforceable Procurement Provisions) Direction 2019 – Nsw – “clayton’s” Protection for Sme’s?

This NSW provision hangs off the state “version” of the legislation the Commonwealth required New South Wales to enter into pursuant to the Trans-Pacific Partnership Agreement as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP-11)) with the USA and others. It is to do with, amongst other things, giving tenderers some recourse

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Retail and Other Commercial Leases (COVID-19) Regulations 2020

On 24 April 2020 the NSW government introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2020 [NSW]1 adopting the Mandatory Code of Conduct (Code) for Retail, Commercial & Industrial Leases. The object of the Regulations are to: (a) prohibit and regulate the exercise of certain rights of lessors relating to the enforcement of certain

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COVID Emergency Measures Act

Novel Way to Amend Other ActsCOVID-19 Legislation Amendment (Emergency Measures) Act 2020 The above was introduced to and passed by the NSW Parliament 24 March 2020. Its passing is not surprising. The legislation will implement sundry COVID19 emergency measures to deal with a number of legal situations created by COVID 19. The Act only identifies

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JobKeeper changes

      Extension of the JobKeeper payment The Government is extending the JobKeeper Payment by a further six months to March 2021. Support will be targeted to businesses and not-for-profits that continue to be significantly impacted by the Coronavirus. The payment rate will be reduced and a lower payment rate will be introduced for

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Business Issues

Issues For Business In Difficult Times A list of issues to think about. Not necessarily apt for all situations, but a base to work from. If you run a business confronting hard issues and, after reading this, have any questions, please feel free to contact us. What is changed in my business? Does the business

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