Correcting Incorrect Information on your Credit Report
Published on October 26, 2006
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Credit Reports are intended to be a means of warning credit providers about people who would have a poor history in repaying credit extended to them. Unfortunately, the information on Credit Reports is not always accurate but it still has a lasting effect on your ability to obtain finance.
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High Court’s test of obviousness increases protection for patentees
Published on October 4, 2006
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The High Court decision in Aktiebolaget Hassle v Alphapharm Pty Ltd (2002) 194 ALR 485 has made it harder for combination patents to be revoked for lack of inventive step. In order to show that a patent is obvious the applicant must demonstrate that an unimaginative person skilled in the relevant field of expertise would have foreseen, at the priority date of the patent, the precise steps taken by the inventor in formulating the invention. In rejecting the ‘worthwhile to try’ test the High Court made it clear that an invention will not be obvious merely because its individual components would have been considered worthwhile trying in order to obtain the desired result. Expert evidence in revocation actions must now consider whether the invention taken in its entirely would have been obvious at the priority date.
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What Retail Leases Act Changes Mean for Landlords and Agents
Published on February 24, 2006
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The amendments to the Retail Leases Act 1994 come into effect on 1 January 2006. The changes affect new leases entered into after 1 January 2006.
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GST Treatment of Adjustments on Settlement in Sale of Real Property
Published on December 15, 2004
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The sale of real property generally involves the payment of a deposit at the time of exchange of contracts, with the balance of the purchase price payable on completion of the contract. The balance of the purchase price is adjusted to take into account these outgoings. The adjustments vary depending on whether the outgoings are paid in advance or are unpaid at the date of settlement. The issue is whether GST is paid on the original purchase price or teh adjusted purchase price.
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Indemnity Clauses - Andar Transport V Brambles - High Court says Indemnity Clauses read strictly against party receiving indemnity
Published on June 20, 2004
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The High Court in Andar Transport v Brambles stated that indemnity clauses remain special provisions with special interpretation rules so, unless the indemnity is absolutely clear in providing an indemnity in favour of a contracting party who was negligent in causing a loss, it will not be effective.
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Pitfalls for unrepresented litigants
Published on February 1, 2004
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Master Malpass of the Supreme Court of NSW recently dismissed proceedings commenced by the Plaintiff with an Order that they pay the Defendant’s costs.
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Liability of Company Directors
Published on December 14, 2003
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The Court of Appeal in England recently handed down a decision that has potential implications for company directors including Australian directors
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Submissions on Draft Statutory Guidelines on Research under the Health Records and Information Privacy Act 2002
Published on November 25, 2003
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Failure to pay Notice payment results in 12 months pay
Published on November 21, 2003
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A recent decision by the Industrial Relations Commission has found that the lack of notice provisions in the employment contract of a 63 year old construction worker/builder's labourer and the failure to pay notice payment amounted to unfairness in the conduct of the employee's employment contract.
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Unfair Dismissal Remuneration Limits Outlined
Published on November 1, 2003
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The New South Wales Industrial Relations Commission recently dismissed an application brought for unfair dismissal on the basis that the worker's annual income exceeded the amounts set out in the legislation.
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