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Intellectual Property

Indispensable Human Touch: Mimicry of Human Intelligence by AI Not Creativity

The original purpose of intellectual property laws is to protect the rights of authors and inventors by the grant of limited term statutory monopolies. Two main rationales underpin these monopolies: (a) the need to reward creators for the time and ef...

Published by Gus Skavronskas
10 October, 2023
Litigation and Dispute Resolution

Reminder: Check your standard form contracts – one month until amendments come into force

The Australian Consumer Law (ACL) is a national law that, amongst other things, includes protections for consumers and small businesses when buying goods and services in Australia. The ACL includes a regime in relation to 'unfair contract terms' (UCT...

Estate Planning

When blood isn’t thicker than water: NSW Supreme Court makes family provision order for de facto partner of the deceased, reducing the children’s share

The recent decision of McGuire bht McGuire v New South Wales Trustee and Guardian [2023] NSWSC 1013 provides helpful guidance on the eligibility of a de facto partner to receive a family provision order as well as the matters a Court considers when m...

Published by Andrew Lacey
6 October, 2023
Litigation and Dispute Resolution

Canadian Court elevates thumbs-up emoji to signature status

In June 2023, a Canadian Court in South-West Terminal Ltd v Achter Land and Cattle Ltd, 2023 SKKB 116, held that the "thumbs-up" emoji carried enough weight to constitute acceptance of contractual terms, analogous to that of a "signature", to establi...

Published by Foez Dewan
29 August, 2023
Litigation and Dispute Resolution

Expert evidence – The letter of instruction and involvement of lawyers

The recent decision in New Aim Pty Ltd v Leung [2023] FCAFC 67 (New Aim) has provided some useful guidance in relation to briefing experts in litigation.

Litigation and Dispute Resolution

Is change on the horizon for corporate insolvency in Australia?

On 12 July 2023, the Australian Commonwealth's Parliamentary Joint Committee on Corporations and Financial Services (Committee) released its landmark report on the state of corporate insolvency in Australia (Report)....

Published by Foez Dewan
31 July, 2023
Litigation and Dispute Resolution

Say what you mean and mean what you say – memory and evidence of conversations

In two recent decisions, Federal Court of Australia and the New South Wales Court of Appeal clarified the law on admissibility of conversations in affidavits. 

Published by Andrew Lacey
20 July, 2023
Litigation and Dispute Resolution

Costly choices when making an offer to settle

There are multiple tools available to resolve a dispute both before and after litigation has commenced. This commonly includes either or both of an informal settlement conference (which is generally a commercial approach to ending a dispute conduc...

Litigation and Dispute Resolution

When business in the “usual and ordinary course” collides with unprecedented times: The High Court weighs in on effect of Public Health Orders on contract for sale of hotel

This is the latest in a series of articles which has followed the run of appeals of the decision of Darke J in Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504. Our first article, analysing the decision at first instance...

Published by Chiara Rawlins
27 March, 2023
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