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The Commercial Bar Association of Victoria | Australia | 30 May 2023

Federal Court: Unjustified direct speech is “logically, ethically and grammatically wrong”

Is the use of direct speech always helpful to the court when preparing affidavits and other written evidence? At least one judge of the Federal Court…
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Cordato Partners | Australia | 30 May 2023

Australian shark oil, pure vanilla, and other misleading descriptions

The source of the ingredients, described on product websites and labels, is being closely examined by the ACCC. If the description is misleading, the…
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Squire Patton Boggs | Australia | 30 May 2023

Post-administration Research and Development Tax Offsets Deemed Personal Property in Account

Companies entering external administration often have outstanding tax filings. The external controllers appointed conduct initial and ongoing reviews…
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Fee Langstone | Australia, New Zealand | 30 May 2023

The scope of ‘Design and Construct’ Professional Indemnity Cover

Head contractors will often assume contractual responsibility for both design and construction of a development. This remains their contractual…
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Gadens | Australia | 30 May 2023

Workplace flexibility and parental leave extension - new processes and dispute avenues

As part of the next raft of key changes to take effect from 6 June 2023, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022…
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The Commercial Bar Association of Victoria | Australia | 30 May 2023

The CCA does not apply to the privatisation of Port Botany and Port Kembla

This case concerned three ports in New South Wales: Port Botany, Port Kembla and the Port of Newcastle. In 2013, NSW Ports, a privately owned company…
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The Commercial Bar Association of Victoria | Australia | 30 May 2023

Business interruption insurance and the COVID-19 pandemic: The case law so far

Hundreds of thousands of Australian businesses hold insurance policies that include business interruption cover (‘BII’). This allows insured parties…
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Parinam Law Associates | Australia, China, European Union, etc. | 30 May 2023

‘Trademark Squatting’, an act of bad faith liable for removal of registration

Starbucks Corporation, the world-famous coffee chain was once offered the opportunity to buy the rights to its own iconic trade mark for $600,000/-…
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The Commercial Bar Association of Victoria | Australia | 30 May 2023

When reliance damages can be recovered for breach of contract

A plaintiff seeking damages for breach of contract will usually claim ‘loss of profit’ or ‘expectation’ damages (i.e. To recover the contractual…
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Fee Langstone | Australia | 30 May 2023

Life insurance: can a death benefit cover terminal illness if medical treatment provides a cure?

The High Court has recently denied Mr Catherwood’s claim for breach of a life insurance policy for terminal illness. The Court addressed the issue of…
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