On 13 February 2025, the Australian Parliament passed the Scams Prevention Framework 2025 (Cth) (Act) in response to the national “scam pandemic” that has purportedly cost the country billions of dollars over the past few years. The Act amends the
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Labor plan to abolish non-compete clauses from 2027
On 25 March 2025, the Albanese Labor government announced in its 2025-26 Budget (Budget), that it intended to abolish non-compete clauses in employment contracts for approximately three (3) million workers from 2027.
Understanding contributory liability for patent infringement
In Australia, the Patent Act 1990 (Cth) provides protection for inventors by preventing others from using, making, or selling patented inventions without permission. The Act also extends liability to parties that are not directly infringing patents but may contribute to…
Shareholders’ right to inspect books under s 247A Corporations Act
A shareholder of a company can apply to the Court seeking an order that it be provided with access to the company’s books and records under certain circumstances, provided that the shareholder is acting in good faith and seeking inspection…
Point in time valuation issues and shareholder oppression
Shareholder oppression, or minority shareholder oppression, is generally thought to occur when the majority shareholders misuse their power to oppress or control the minority. The classes of conduct that give rise to a remedy for shareholder oppression are not closed,…
Damages for misleading conduct under section 236 of the ACL
Section 236 of the Australian Consumer Law (ACL) entitles any person, including corporations – to claim compensation for loss or damage suffered from misleading or deceptive conduct. The High Court has developed numerous general principles for assessing loss or damage…
Federal parliament passes cyber security laws
Overview of the cyber security laws passed by the Australian Parliament in November 2024 that included mandatory security standards for IoT devices and the obligation on Australian business to report ransomware payments amongst a range of other changes to give…
Changes to the Franchising Code of Conduct
The current Franchising Code of Conduct (Old Code) is scheduled to ‘sunset’ (meaning it will automatically expire unless extended or replaced) on 1 April 2025, with the Competition and Consumer (Industry Codes–Franchising) Regulations 2024 (Cth) (New Regulations) coming into effect…
Cross border licensing – Maxim Media Inc v Nuclear Enterprises
The Federal Court decision in Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443 involved an interlocutory application seeking injunctive relief by Maxim Media Inc and Maxim Inc (Applicants) for alleged breaches of sections 18 and 29 of…
Domain name disputes a summary of the process
A domain name is a string of text that maps to an alphanumeric IP address, enabling users to access websites through client-side software.[1] Domains can be valuable business assets, and they frequently become the subject of disputes regarding the legitimacy…