Liability under the ASIC Act for unconscionable conduct

The New South Wales Court of Appeal has recently delivered an important judgment confirming that unconscionability will not be found lightly when allegations of unconscionable conduct are made against banks. Mastronardo & Anor v Commonwealth Bank of Australia Ltd & Ors [2018] NSWCA 136 explores the liability of banks for unconscionable conduct under the predecessor … Read more

Casual uncertainty: Federal Court decision states that casual employees may be entitled to annual leave

A recent decision of the Full Federal Court has emphasised to employers that they should be cognisant about the way that they engage “casual” employees in order to shield themselves from being liable in circumstances where a casual employee may claim that they should receive the annual leave entitlement under the National Employment Standards (Fair … Read more

Reminder about new ASX voting restrictions

In December 2017, ASX amended the voting exclusion requirements under ASX Listing Rule 14.11 and expanded the definition of ‘associate’ in ASX Listing Rule 19.12. Almost 90% of ASX listed entities are currently preparing for their AGMs and should be aware of these amendments when preparing their notice of annual general meeting. This is the … Read more

CSF legislation: Proprietary companies join the crowd

On 12 September 2018, new legislation was passed expanding Australia’s equity crowd-sourced funding (CSF) regime. CSF involves companies sourcing small amounts of capital from a large number of investors, generally using online platforms and appealing to non-professional investors. The new rules, which will come into effect 28 days after the legislation receives Royal Assent, extend … Read more

Brisbane commercial e’newsletter – September 2018

Welcome to HWL Ebsworth’s Commercial e-Newsletter for Queensland. We trust that you will find the information in this edition useful, timely and practical. HWL Ebsworth’s Commercial group offers a diverse range of expertise including in Mergers & Acquisitions, Capital Markets, Corporate Governance, Commercial Contracting, Taxation, Energy & Resources, Intellectual Property, Information & Technology and Franchising, … Read more

Do you own your trade marks?

The Full Federal Court has recently confirmed that trade marks applied for in the name of the wrong entity or individual will be invalid and open to cancellation. Ownership issues often arise when: A licensee files an application for a licensor’s mark; The wrong entity within a corporate group is named as the applicant; or … Read more

Why should you consider estate planning?

What is estate planning? Often, an effective estate plan does not end with a Will. It should adopt strategies to ensure that your wealth is protected during your lifetime, as well as enable the effective transfer of your wealth to your beneficiaries, without causing unnecessary stress and expense. Estate planning involves identifying your goals and … Read more

Outsourcing – An easy way to comply with the Notifiable Data Breach scheme?

The Privacy Act 1988 (Privacy Act) has always required organisations which are bound by the Privacy Act (‘APP Entities’) to take reasonable steps to keep personal information (Personal Information) secure. However, the newly introduced Notifiable Data Breaches (NDB) scheme has added a further obligation for APP Entities to notify the Office of the Australian Information … Read more

Key IP and technology issues for Building and Construction (B&C) industry

The continuing introduction of new technologies into the B&C industry has brought with it a number of vital IP and regulatory considerations. It is important to understand these developments as they arise in the industry, in order to maintain a competitive advantage and avoid potential legal disputes. Are you compliant with the new technology regulations? … Read more

Are you sitting on circumstances that should be notified to your insurer?

In all likelihood, you devote a substantial (and alarming) amount of money each year to insurance. Knowing when and how to notify claims and circumstances to an insurer is imperative to take full advantage of your cover and protect your business against a wide range of risks. Importance of notifying under claims made policies Policies … Read more