Latest publications
Wellness — the key to good health in law
At Swaab Attorneys, we want to set the benchmark for bringing good people together. We say it on our website. We want Swaab to be a workplace they not only enjoy, but which inspires great work and personal and professional growth. But, as Managing Partner, I want to do more than talk. I understand…
A Global Meeting of the Brands
In Brief Last month, I represented Swaab Attorneys at the 138th Annual Meeting of the International Trademark Association (INTA) in Orlando, Florida – the home of famous theme parks including Disneyworld and Universal Studios – businesses who clearly value a well-developed and well-protected brand. Over the course of the conference it became…
Abolition of certain taxes in NSW
In Brief After years of delays, it seems that the New South Wales Government will on 1 July 2016 finally make good on its promises to abolish a raft of duties. Marketable Securities Duty, Business Assets Duty and Mortgage Duty, all previously collected by the Office of State Revenue, will no longer…
The What, How and Why of Put and Call options
In Brief Put and call options are a useful way of allowing parties to enter into an agreement to sell or acquire land at a future point in time, requiring minimum upfront commitment. In the most simplistic of terms, rights granted under a put and call option are a future right to compel a seller…
Australian Consumer Law trumps Choice of Law Clause
In March 2016, the Federal Court found that the refund policy of American on-line gaming company Valve Corporation (Valve) (incorporated in Washington State, having no Australian office or presence) violated the Australian Consumer Law (ACL). Valve’s website stated (in all caps) “ALL STEAM FEES ARE PAYABLE IN ADVANCE AND ARE…
The perils of misleading your prospective employees
INTRODUCTIONThere are few court decisions which deal with damages claims by employees lured into new employment by prospective employers’ assurances, and who suffer loss when things do not go according to plan. However a decision of the Federal Court of Australia handed down in April 2016 in Rakic v Johns Lyng Insurance Building…
Proceedings under the Fair Work Act Is the Fair Work Commission really a cost free jurisdiction?
Common questions asked by parties in unfair dismissal claims are “will I get my costs back if I win?” and “will I have to pay the other side’s costs if I lose?” The default position is “no”. Under the Fair Work Act (the Act) each party usually pays its own legal costs in unfair…
Abuse of Power
In Brief In an important decision for people considering their estate plan, the Supreme Court of New South Wales has recently reiterated the limits on an attorney’s ability to use a power to benefit themself. But even with this protection, the case highlights the need for people to carefully consider who…
Attacking IP infringers — look before you leap
Intellectual property may be the most valuable asset your business possesses. It is therefore wise to be on guard against infringers who seek to dilute or steal that intellectual property. However, before firing a shot at infringers, it is important to put your own ducks precisely in a row.Identifying ownership Before issuing a letter…
Tax Incentives for Investors in Early Stage Investment Companies
“Australians are renowned for their smart ideas, but we often fail to back them and turn them into commercial realities.Only 9% of Australian small to medium sized businesses brought a new idea to market in 2012 – 13, compared to 19% in the top five OECD countries.We will provide new tax…