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In the news:

PROTECTING BRAND / TRADEMARK / LOGO

May 2021

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 rely on clumsy and more expensive common law and other methods.

See link to full article below:

www.eakin.com.au/images/TM_Onshore_20.05.21.pdf

 

FRANCHISING CODE OF CONDUCT - PROPOSED CHANGES

November 2020

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.

See links below

https://www.eakin.com.au/index.php?option=com_content&view=article&layout=edit&id=176

https://www.eakin.com.au/images/ChangestotheFranchisingCodeofConduct.20.11.20.pdf

 

 

DO MY TERMS OF TRADE MEAN I NEED A CREDIT LICENCE

October 2020

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.

See below links to the full article:

https://www.eakin.com.au/index.php?option=com_content&view=article&layout=edit&id=175

https://www.eakin.com.au/images/Credit_Licence_Paper_16.10.20.pdf


 

RELIEF AGAINST FORFEITURE REFUSED FOR PRE-COVID19 DEFAULT

October 2020

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 below link to the full article:

https://www.eakin.com.au/images/Relief_Against_Forfeiture_Refused_For_PreCovid19_Default.pdf

 

SURCHARGE LAND TAX NSW

October 2020

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

https://www.eakin.com.au/images/Surcharge_Land_Tax_NSW.pdf

 

DEFEATING TRADEMARK INFRINGERS

September 2020

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 at Eakin McCaffery Cox in Sydney.

https://asiaiplaw.com/section/in-depth/defeating-trademark-infringers


 

EAKIN MCCAFFERY COX MANAGING PARTNER, MARK DOBLE SHOWS HIS SOFTER SIDE WITH A VERY CUTE WORKPLACE VISITOR.

August 2020

Eakin McCaffery Cox Managing Partner, Mark Doble shows his softer side with a very cute workplace visitor.

https://www.linkedin.com/feed/update/urn:li:activity:6702463211024748544

 

NELSON ARIAS-ALVAREZ JOINS EAKIN MCCAFFERY COX

August 2020

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 subcontractors engaged in small to large scale residential building projects as well as small to medium scale commercial, industrial and infrastructure projects across New South Wales.

https://www.linkedin.com/feed/update/urn:li:activity:6702103854898647040

 

EAKIN MCCAFFERY COX WELCOMES TOM WALLACE

July 2020

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 of the Bar. Clients value Tom’s technical ability, problem solving skills and his practical approach to litigation.
We look forward to working with him as part of our firm.

https://www.linkedin.com/feed/update/urn:li:activity:6697273818605584384

 

DIRECTOR IDENTIFICATION NUMBERS (‘DIN’) – SOUNDING WITH CREDITORS – WILL IT KILL THE PHOENIX? SUMMARY

June 2020

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

 

PROCUREMENT (ENFORCEABLE PROCUREMENT PROVISIONS) DIRECTION 2019 – NSW – “CLAYTON’S” PROTECTION FOR SME’S?

June 2020

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.

https://www.linkedin.com/feed/update/urn:li:activity:6680639022991327232

https://www.linkedin.com/posts/gregory-ross-8484a64_claytons-protection-in-procurement-nsw-activity-6680638299918495744-HBji

 

ISSUES TO THINK ABOUT IF STARTING A BUSINESS

February 2020

A list of issues to think about. Not necessarily apt for all situations, but a good base which a few people have now used to ground their thinking.  
If you are interested in starting up a business and, after reading this, have any questions, please feel free to contact us.

https://www.linkedin.com/feed/update/urn:li:activity:6637479952121978880

www.eakin.com.au/images/2694849_1_Startup_Up_issues.2.20.pdf

 

EAKIN MCCAFFERY COX IN AFFILIATION WITH AUSTRALIANCE IS HOLDING A SEMINAR EVENING ON ISSUES FOR SMALL BUSINESS

February 2020

On 20 February 2020 Eakin McCaffery Cox in affiliation with Australiance is holding a seminar evening on issues for Small Business. Partners Gregory Ross and Stephen Boatswain will be talking on Protection of Intellectual Property for Small Business and Workplace Issues for Start ups.

https://www.linkedin.com/feed/update/urn:li:activity:6629882276324970496

 

EAKIN McCAFFERY COX WELCOMES DR STEPHEN PALLAVICINI

February 2020

Eakin McCaffery Cox welcomes Dr Stephen Pallavicini as a partner in our Property Team. With many years’ experience in Sydney commercial law firms and as Senior Legal Counsel Commercial Property Stockland and Lead Lawyer / Senior Property Lawyer Woolworths Group, Stephen has a breadth and depth of knowledge in the commercial property field which is matched by few. His practice includes not only transactional and advice work. He has also resettled leasing and property base documents for both Stockland and Woolworths Group. In 2016 he was named by Doyles as one of Australia’s best in-house property and real estate lawyers. Stephen’s extensive knowledge and experience in-house enables him to provide a unique practical perspective to commercial real estate transactions.

https://www.linkedin.com/feed/update/urn:li:activity:6629848980908019712

 

PROTECTION OF INTELLECTUAL PROPERTY FOR SMALL BUSINESSES

February 2020

Eakin McCaffery Cox partner Gregory Ross is, in collaboration with Advisers Digest presenting a Webinar on 12 February 2020 "Protection of Intellectual Property for Small Businesses". Full detail can be found at https://lnkd.in/fs-pNhw

https://www.linkedin.com/posts/eakin-mccaffery-cox_join-our-live-webinarwith-guest-presenter-activity-6629870203134148608-yaqJ/

 

 

AMB CRACKDOWN ON DOCTORS PROVIDING ALTERNATIVE MEDICINE

May 2019

Eakin McCaffery Cox Partner Greg Ross discusses the Australian Medical Board’s apparent crackdown on doctors providing Alternative Medicine and Therapies.

 

THE NOTIFIABLE DATA BREACHES SCHEME – CYBER INSURANCE

February 2019

Cyber insurance for notifiable data breaches scheme by Greg Ross.

 

FACILITATING SUSTAINABLE PROCUREMENT BUSINESS CASES IN AUSTRALIA

January 2019

A brief guide on sustainable procurement business cases by Greg Ross.

 

December 2018
 
Greg Ross provides his views on the amendment of Commonwealth government procurements

 

ANTI-SLAVERY LAWS AND YOUR BUSINESS

September 2018

A short outline on NSW and Commonwealth of Australia Anti-Slavery legislation by Greg Ross.

 

Asia IP Magazine
 
May 2018
 
Gregory Ross and Christina Cavallaro provide their views on the implications of a significant trademark infringement case in Australia.
 
 
Lawyers Weekly
 
4 May 2017

 

VOIDABLE TRANSACTIONS AND THE RACE AGAINST TIME
Australian Restructuring Insolvency & Turnaround Association (ARITA) Journal

March 2017

Co-authored by Christina Cavallaro, Senior Associate at Eakin McCaffery Cox Lawyers and Nicholas Simpson, Sydney barrister. 

This article discusses the issue of bringing additional voidable transaction claims after the limitation period under the Corporations Act has expired.

 

WHEN IS A CONTRACT CLAIM A BANKRUPT’S CLAIM? 
Law Society Journal

October 2016

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, if so, whether the bankrupt could continue court action in his or her own name to recover that benefit.

 

INTO THE UNKNOWN - Insolvency and Intellectual Property 
Asia IP Magazine

August 2016

Gregory Ross and Christina Cavallaro address the key problems that arise for intellectual property owners in the event of insolvency.

 

BATTLE STRATEGIES: WINNING AT PATENT LITIGATION 
Asia IP Magazine

June/July 2016

Gregory Ross and Christina Cavallaro explore tactics involved in pursuing patent litigation in this edition of Asia IP Magazine. 

 

A CHANGE OF MARK SPECIFICATION 
Asia IP Magazine

May 2016

Christina Cavallaro and Gregory Ross provide their comments on whether amendments to registered trade marks should be permitted to keep up with evolving technology. The article can be accessed here.

 

PETER AKED PROMOTED TO EQUITY PARTNER

1 April 2016

It is with great pleasure, Eakin McCaffery Cox announces the promotion of Peter Aked to the role of Equity Partner, effective 1 April 2016.

 

COPYRIGHT PROBLEMS EMERGE 
Asia IP Magazine

February 2016

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.

 

DROP THE BEAT 
Asia IP Magazine

February 2016

Gregory Ross and Christina Cavallaro share their opinion on copyright issues in the music industry. The article can be accessed here.

 

3D REVOLUTION 
Asia IP Magazine

May / June 2015

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. The link to the article extract '3D Revolution' can be accessed here.

 

DEVELOPER BUILT ATE MY WATERLOO APARTMENT IN THE SEARCH FOR PROFIT, SAYS STEPHEN LEE
The Daily Telegraph

25 September 2014

Peter Aked, Partner of Eakin McCaffery Cox, Lawyers has received mention in the Daily Telegraph on 25 September 2014 concerning "Off the Plan Purchases" that do not go according to the "Plan".

 

BATTLE CRY FOR IP COURTS 
Asia IP Magazine

July 2014

Greg Ross shares his perspective on intellectual property Courts with Asia IP magazine (page 31).

 

THE AMAZING ENFORCE-MEN 
Asia IP Magazine

April 2014

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

 

SEEING FIT TO ACHIEVE BALANCE 
Lawyers Weekly

17 April 2013

Eakin McCaffery Cox Lawyers Partner Cain Sarah writes about how he balances family, sport and work.

 

NURSE RELIEVED AFTER 5-YEAR BATTLE 
The Daily Telegraph

10 September 2012

Eakin McCaffery Cox Lawyers Partner Jennifer Shaw and Associate Christina Cavallaro acted for a Sydney nurse who successfully defended mortgage repossession proceedings, after a fraudulent mortgage was registered against her property. 

 

PROPERTY MYSTERY SOLVED 
The Daily Telegraph

29 May 2012

Eakin McCaffery Cox Lawyers Managing Partner Tim Eakin helps find missing property owner in the US.

 

LEASES FOR HARBOUR JETTIES AWASH WITH LEGAL DEFECTS 
The Sydney Morning Herald

24 December 2010

Eakin McCaffery Cox Lawyers Managing Partner Tim Eakin highlights the problems with NSW Maritime leases for private jetties.