Latest publications
Lucasfilm — Replica Star Wars imperial stormtrooper helmets not protected by copyright
In Brief The UK Supreme Court recently handed down its decision in an appeal by Lucasfilm concerning the intellectual property rights in various artefacts made for use in the first Star Wars film and reproduced by Mr Ainsworth in 2004. This decision is a vital lesson for anyone in Australia involved in…
Options available for women seeking equal pay
“Over the course of her career, an Australian woman will earn $1 million less than a man, and will retire with less than half the savings in her superannuation account.” - Sharan Burrow, ACTU president, October 2009 Gender wage gap increasing for Australian women Despite the fact that women in Australia won the right…
Retail lease bonds and dispute resolution options
In Brief When the retail markets slow, disputes between landlord and tenant tend to arise and a claim on the bond money may soon follow. A Landlord must ensure that it complies with the provisions of the Retail Leases Act 1994 in respect to the lodgement of the bond. Lodgement of security Section 16C of the Retail…
Landlords and tenants need to be careful about incurring expenses before being bound to the lease
In Brief Both landlords and tenants should take care to ensure that the other party is bound by the lease rather than incurring significant expenses on the assumption that the lease will proceed. The risk Landlords and tenants often begin spending money or incurring costs to create and fitout leased premises prior to…
Australian Senate Committee rejects Bill that seeks to prevent the patenting of human genes
In Brief The Australian Senate Committee Report on proposals to amend the Patents Act to prohibit patenting of human genes and other biological materials existing in nature has made a single recommendation “that the Senate should not pass the Bill”. On 26 November 2010, the Senate referred the Patent Amendment (Human Genes…
Can you stand down employees during a period disrupted by protected industrial action?
In Brief Employers seeking to minimise their losses associated with industrial action should take note of a recent decision of Fair Work Australia which clarifies the ability of an employer to stand down employees during such a period. Australian Manufacturing Workers Union (“AMWU”) v McCain Foods (Aust) Pty Ltd [2011] FWA 6810 McCain…
Protection of the Olympic Brand — marketers beware
In Brief With the London 2012 Olympic Games fast approaching advertisers and marketers must be careful how they associate themselves with the Olympics and the Olympic brand. The success of an Olympic Games is not only measured by athletic achievements on the track or in the gymnasium. The economic success of…
Gaga goes gaga over Goo Goo
In Brief Last month the controversial and highly successful singer and songwriter Lady Gaga successfully stopped the creators of animated children’s character Lady Goo Goo and the successful children’s phenomenon, Moshi Monsters, from promoting and releasing a song entitled “The Moshi Dance” on iTunes. Lady Gaga enforced her exclusive rights in…
New Zealand High Court says D&O policy may not be used to fund director's defence costs
In Brief On 2 July 2007 New Zealand property development company Bridgecorp Group (Bridgecorp) was placed into receivership, owing investors nearly NZ$500 million. In the aftermath of the collapse, the NZ Securities Commission brought numerous criminal and civil claims against the directors of Bridgecorp in relation to their conduct. Some of the Bridgecorp…
My bags are packed, I’m ready to go. Should I stay or can I go?
In Brief Often separated parents find themselves in a situation where one of them wants to move to another city, state or even country after they separate. This is what’s called relocation in family law. Parents often enter into parenting orders after they separate. All is going well for a time and then…