The case of Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21 at paragraph 39, showed that a cause of action for a breach of confidence must have the following four (4) elements: the information in question must be
Dundas Lawyers Legal Articles
Dundas Lawyers Legal Articles, published by Dundas Lawyers Pty Ltd, covers a range of legal topics relevant to Australian law. The blog addresses issues such as consumer protection laws including scam prevention, employment law reforms like the abolition of non-compete clauses, intellectual property matters focusing on patent infringement liability, corporate law topics including shareholders' rights to inspect company records, and remedies related to shareholder oppression. The articles provide insights into legislative changes, legal rights, and practical implications for businesses and individuals navigating these areas of law.
Latest from Dundas Lawyers Legal Articles - Page 3
Are the recitals in contracts binding?
Recitals, also known as the ‘preamble’ or ‘details’ clauses (Recitals) are introductory statements at the start of a contract that provide context, background or reasons for the terms and conditions that follow. They have been historically used by the Courts…
Compensation for breaches of director’s duties
Should it be held that a director of a company has breached their statutory duties, as contained in the Corporations Act 2001 (Cth) (Act), then the question arises as to how a Court will determine the amount of compensation to…
IP Australia adopts Madrid Goods and Services list
From 26 March 2024, IP Australia has implemented the internationally recognised Madrid Goods and Services (Madrid List), replacing the AU Goods and Services Picklist.[1] The adoption of the Madrid List comes as Intellectual Property Australia (IP Australia) seeks to align…
The ‘right to disconnect’ from modern workplaces
The right to disconnect, as contained in part 8 of the Fair Work Amendment (Closing Loopholes No. 2) Bill (Bill), gives employees the right to refuse contact from their employers (or related parties) outside of their working hours, unless the…
Provisional liquidators and shareholder disputes
The appointment of a provisional liquidator may be appropriate in shareholder disputes if there are genuine concerns that there is a risk a company’s assets will be dissipated, there are potential solvency concerns and all other alternatives have been exhausted.…
Top stoic quotes from Justice Lee in Lehrmann v Network Ten
On 15 April 2024 Justice Lee handed down his decision in the case of Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369. This matter has attracted a large amount of media attention and for this reason alone…
Unfair contract terms and the penalty doctrine – ACCC v Employsure Pty Ltd [2020] FCA 1409 (1 October 2020)
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should…
New USPTO guidelines on AI assisted inventions
In response to the Biden administrations Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States…
Federal Court requirements for electronic discovery of documents and metadata
Electronic discovery in the Federal Court of Australia (FCA) is nothing new. From July 2014, the FCA began implementing the Court’s electronic court file (ECF) across its Australian registries. This enabled the Court to embrace the use of technology in…