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Results: 1-10 of 361

Another attempt to prevent a contractor from making claims under QLD security of payment legislation (by imposing a precondition to making a claim) fails
  • Minter Ellison
  • Australia
  • September 2 2015

Andrew Orford (connect with Andrew on LinkedIn) and Vanessa Stokell cite this case as providing yet another example of an unsuccessful attempt to


Nothing is easy when it comes to securing payment under the Subcontractors' Charges Act
  • Minter Ellison
  • Australia
  • September 2 2015

This case is yet another example of the awkwardness of the drafting of the Subcontractors' Charges Act 1974 (Qld). Facts On or about 25 February


Patent licences - some guidance from the courts
  • Minter Ellison
  • Australia
  • August 31 2015

The Full Federal Court of Australia has issued three important decisions regarding provisions in patent licenses. The decisions underscore the


Separate invoices served collectively with a covering email, will constitute one payment claim
  • Minter Ellison
  • Australia
  • August 31 2015

Separate invoices served collectively with a covering email, may constitute one payment claim for the purposes of the Building and Construction


Restitutionary proceedings for amounts paid under a BCIPA claim can be commenced while the building contract remains on foot
  • Minter Ellison
  • Australia
  • August 21 2015

Restitutionary proceedings for amounts paid under a BCIPA claim can be commenced while the building contract remains on foot. Facts Gambaro Pty Ltd


A party allegedly in breach of its statutory duty cannot take advantage of proportionate liability legislation
  • Minter Ellison
  • Australia
  • August 19 2015

As section 74B of the Trade Practices Act 1974 (Cth) does not impose a duty but creates a statutory right, the party alleged to be in breach cannot


Federal court raises more hurdles for Dallas Buyers Club's pursuit of alleged infringers
  • Minter Ellison
  • Australia
  • August 18 2015

The ongoing dispute between Dallas Buyers Club LLC (DBC), rights holder of the film of the same name, and the internet service providers (ISPs) who


When mi casa is not su casa - Queensland Supreme Court orders creative remedies for copyright infringement of architectural drawings
  • Minter Ellison
  • Australia
  • August 14 2015

Whilst imitation is said to be the sincerest form of flattery, the Queensland Supreme Court has reminded a Cairns builder that it may also be


Google, Oracle, copyright and APIs
  • Minter Ellison
  • Australia, USA
  • August 11 2015

Following a Federal Circuit Court decision in 2014, the United States Supreme Court has refused to hear Google's appeal against Oracle regarding


No referral to arbitration unless an action is subject to an arbitration agreement
  • Minter Ellison
  • Australia
  • August 4 2015

The court will not refer a dispute to arbitration unless the action is subject to an arbitration agreement. Care must be taken when drafting dispute