On 23 October 2023, in the matter of Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 Justice Downes issued an initial judgement and made orders for declaratory relief and the publication of eight (8) corrective notices
Dundas Lawyers Pty Ltd
Dundas Lawyers Pty Ltd is a law firm that publishes legal blogs focusing on Australian law and regulatory developments. Their content covers a range of topics including corporate governance, intellectual property, employment law, consumer protection, and shareholder rights. The firm provides analysis of legislative changes, court decisions, and government policies affecting businesses and individuals. Their publications often address practical legal issues such as scam prevention, non-compete clauses, patent infringement liability, and shareholder remedies. Dundas Lawyers aims to inform clients and the public about current legal trends and compliance requirements within the Australian legal framework.
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Skincare brand Biologi breached the Australian Consumer Law – ordered to publish 5 corrective notices
In a recent decision of the Federal Court in Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 Downes J issued an initial judgement and made orders for declaratory relief and the publication of eight (8) corrective…
IP Australia guidelines for trademark classification
There has been a surge in trademark applications in the digital space, notably concerning virtual goods, virtual environments such as the metaverse, NFTs, and the blockchain according to observations made by IP Australia. This article discusses the things to consider…
Misinformation and Disinformation Bill 2023 – exposure draft
The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Cth) (Misinformation Bill) was announced by the Department of Infrastructure, Transport, Regional Development, Communication and the Arts (DITRDCA) in January 2023. The Misinformation Bill is aimed at restricting the flow…
“User principle” damages for breach of copyright
The usual position in intellectual property infringement matters is that the successful applicant can elect between an account of profits or damages. However, what if the applicant has not suffered any direct loss as a result of the actions of…
What is an ‘earnout’ clause in a business acquisition?
The term ‘earnout arrangement’ (Earnout) has been defined by the Australian Taxation Office (ATO) as “any transaction in which an income-earning asset is sold for consideration that includes the creation of an ‘earnout right’ (Earnout Right) for the seller of…
Paid family and domestic violence leave for small business owners
Legislation providing for paid family and domestic violence leave was passed by the Commonwealth Government in 2022. The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) (Amending Act) amended the Fair Work Act 2009 (Cth) (Fair Work Act)…
ACCC seeks input on environmental and sustainability guidance
On 14 July 2023, the Australian Competition and Consumer Commission (ACCC) published the Environmental and sustainability claims – Draft guidance for business (Draft Guidance). The Draft Guidance aims to assist businesses in making of environmental and sustainability claims to avoid…
What are adequate cyber security measures?
The adequacy of cybersecurity measures was considered in the case of Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496 (ASIC v Ri Advice Group). One of the issues raised was whether the respondent had…
National classification scheme – proposed federal reforms
On 29 March 2023, the Albanese Government announced its intention to reform the National Classification Scheme (Scheme). While computer and online games often seem harmless and fun, the proposed reforms are aimed to address concerns that computer and online games…