Australian retail giant Just Group Ltd (JGL) is licking its wounds after the Supreme Court of Victoria refused to enforce the broad restraint of trade contained in the employment contract of a former Chief Financial Officer (CFO). Just Group Limited v Nicole Peck [2016] VSC 614, which for employersbrings to bear the difficulties faced in [...]
Copyright owners will welcome the recent decision of the Federal Court in Tolkien Estate Limited v Saltalamacchia [2016] FCA 944, where the estate of famous author J. R. R. Tolkien was awarded a smorgasbord of remedies for infringement of its copyright. Copyright generally Copyright is a statutory right under the Copyright Act 1968 (Cth) (‘the [...]
The Federal Court has awarded damages and nearly $200,000 in costs against an ex-employee who failed to comply with post-employment obligations. Justice Moshinsky’s recent decision in SAI Global Property Division Pty Limited v Johnstone [2016] FCA 1333 encompassed employee duties and the commerciality of aggrieved employers pursuing breaches. Facts Liam Johnstone, a business development manager, [...]
At the recent LAWorld Conference held in Ji Nan City in China on 18th November 2016, Pointon Partners’ Managing Director, Anthony Pointon organised and chaired the Conference. The main topic for discussion was “outbound investment from China” and this was presented as a component of the important One-Belt, One-Road 一带一路 initiative. Representatives from Government departments, industry [...]
The recent decision in Verrocchi v Direct Chemist Outlet Pty Ltd [2016] FCAFC 104 by the Full Bench of the Federal Court of Australia (‘the FCA’) has clarified the protection afforded to the reputation of goods and services in circumstances where misleading or deceptive conduct is claimed to have arisen. Background Chemist Warehouse is a [...]
On 29 July 2016, important changes made by the Fair Work Commission (FWC) to most modern awards came into effect. The variation of clauses governing excessive annual leave accrual, cashing out annual leave, taking annual leave in advance and payment of annual leave is expected to provide greater flexibility for employers. Managing “Excessive” Annual Leave [...]
It is not uncommon that a company is deregistered by ASIC without the knowledge of the company’s directors. Deregistration will have a significant effect on the company and on the business carried out in its name during the period of deregistration. It is possible to reinstate a deregistered company, however it is incredibly important to [...]
It is not uncommon that a company is deregistered by ASIC without the knowledge of the company’s directors. Deregistration will have a significant effect on the company and on the business carried out in its name during the period of deregistration. It is possible to reinstate a deregistered company, however it is incredibly important to [...]
On the 14th September 2016, we celebrated our 20 year of business at the National Gallery of Victoria with around 250 of our closest friends and family. It was a wonderful night of celebration, entertainment, fun and good company. For those who could attend we were very pleased to see you. For those that could not, [...]
The recent Victorian Supreme Court decision of Strategic Management Australia AFL Pty Ltd & Anor v Precision Sports & Entertainment Group Pty Ltd & Ors [2016] VSC 303 provides insight into the scope and extent of duties owed by employees. Background In 2012, Liam Pickering (Pickering), James Pitcher (Pitcher) and Jason Sourasis (Sourasis) formed a [...]
