Commercial Law Update - Setting aside a statutory demand: when is a dispute “genuine”?
Commercial LawUnited Petroleum Pty Ltd v McGrathNicol Advisory Partnership [2017] VSC 239
Property Law Update - Overzealous advice by a solicitor leads to his conviction for contempt of court
Commercial Law Property LawWhile a solicitor has a primary duty to advance client interests, there is a paramount duty to the court not to do anything that interferes with the administration of justice.
Commercial Law Update - 'Misleading and deceptive conduct claims in a contractual context'
Commercial LawA paper on the use of statutory misleading and deceptive conduct claims to fortify a common law claim for breach of contract
Commercial Law Update - Cutthroat forensic decisions in trial advocacy can be very costly
Commercial LawAdvanced Fuels Technology v Blythe & Ors (Application to re-open plaintiff’s case) [2017] VSC 250
Intellectual Property Update - Screenshots from webpages held to be inadmissible hearsay by the Federal Court of Australia
Intellectual PropertyWhile screenshots are useful in the Trade Marks Office where the rules of evidence do not apply, caution is required when seeking to rely on this type of evidence in Court.
Intellectual Property Law Update - Skidmore v Led Zeppelin: who owns the Stairway to Heaven?
Intellectual PropertyMany fans and critics noticed the similarity between Taurus and Stairway to Heaven, focusing on the plucked guitar arpeggios in the opening of each song.
2017 IPTA Annual Conference Seminar - Trade Marks Update
Intellectual PropertyEd Heerey QC regularly presents seminars on topics that relate to the area of intellectual property law
Insolvency Law Update - Re Amerind Pty Ltd (receivers and managers apptd) (in liq) [2017] VSC 127
Commercial LawRe Amerind confirms that trust property is not susceptible to the statutory priority regime in ss 433 and 556 of the Corporations Act.
Intellectual Property Law Update - Challenge to admissibility of survey evidence rejected
Intellectual PropertySurvey evidence is often easy to criticise but very hard to exclude.
Property Law Update - Domestic violence murder-suicide leads to difficult succession issues
Property LawA tragic tale of domestic violence required the Court to determine whether the forfeiture rule prevented the wife from inheriting the husband's estate.