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Results: 1-10 of 350

The meaning of ‘good faith’ in commercial contracts in Australia

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 21 2014

As the literature and cases demonstrate a definitive discussion on good faith in Australian contract law can run to pages, is loosely grouped in two

Jamieson & Ors v Westpac 2014 QSC 32: a reminder to financial advisors

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 21 2014

In March this year the Supreme Court of Queensland delivered its decision in Jamieson & Ors v Westpac 2014 QSC 32. The decision is a reminder to

Innocent parties: have your cake and eat it too

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 17 2014

In most contractual agreements, when an issue arises that pertains to a potential breach of contract, a party has two options: keep the contract on

Tax implications of litigation agreements

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 17 2014

The High Court in Howard v Commissioner of Taxation 2014 HCA 21 has found that a simple choice between the mechanism for which to assign the

Safeguards to help consumers manage their debt levels

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 17 2014

In the recent case of ASIC v GE Capital Finance 2014 FCA 701, the Federal Court ordered consumer credit provider GE Capital Finance Australia pay a

Liability of licensee continues after expiration

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 17 2014

In the recent decision of Austral Masonry (NSW) Pty Ltd v Cementech Pty Limited 2014 FCAFC 72 the Full Federal Court, in rejecting an appeal by

Restraint of trade in commercial agreements

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 17 2014

Restraint of trade clauses are not uncommon within commercial contracts. They operate to prevent one party from competing with the other during and

Protecting your franchise’s online reputation: Nextra v Fletcher

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 14 2014

Franchisees and franchisors have a commercial interest in maintaining their franchise's online reputation as this is part of the branding or image of

New bullying jurisdiction: a review so far

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 8 2014

In January 2014, the Fair Work Commission (FWC) began exercising its newly vested jurisdiction to make orders in relation to workplace bullying. The

Trade mark owners take note registration is no defence for misleading conduct

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 3 2014

The varied and strong protections given to registered trade marks under the Trade Marks Act 1995 (Cth) can often cause trade mark owners to overlook