The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth) (‘AML/CTF’, ‘the Amendment’) amends the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (‘the Act’) by extending to additional services, including services provided by real estate agents, lawyers, and accountants that are high risk for money laundering and terrorism financing. Section [...]
In Australian law, unregistered trade marks and their associated goodwill are treated as one in the same. Goodwill can have many shapes and sources, but it is understood generally to refer to the commercial aspects of a business other than tangible assets that have attracted custom to it. Under section [...]
The long-running dispute between Australian fashion designer Katie Perry and international pop star Katy Perry has now been resolved with the High Court of Australia handing down a landmark trademark decision. The case concerned whether the Australian designer’s registered trade mark “Katie Perry” for clothing should be removed from the [...]
The Federal Court recently considered a passing-off dispute involving two competing art supplies businesses operating under the name “Jackson”. The Australian retailer and applicant, Jacksons Drawing Supplies (JDS), whom did not register the trade mark “Jackson”, brought proceedings against Jackson’s Art Supplies (JAS) the UK competitor and its Australian affiliate, Jackson's Art [...]
A recent Supreme Court decision illustrates the risks of settling a building dispute by requiring a builder to “remedy defects” rather than paying money. Even where the obligation to remedy defects is contained in a formal settlement deed, the Court will rarely compel specific performance of building works. In Grech [...]
A recent County Court decision (Cellmore Real Estate Pty Ltd v Funston [2025] VCC 1205) is a sharp reminder for estate agents. If an authority is not completed properly, the agency cannot recover marketing fees. In Cellmore, the Exclusive Sale Authority listed advertising costs as “TBA.” The Court found this [...]
Retail leases commonly include provisions for the rent to be reset to market value at the commencement of a further term, usually following the exercise of an option by the tenant. In these cases, an independent specialist retail valuer is appointed to determine the current market rent – a process [...]
On 19 November 2024, the Duties Amendment (More Homes) Act 2024 (Vic) (' the Act') received Royal Assent. The Act introduces temporary changes to the off-the-plan land transfer duty concession, providing more buyers with the opportunity to access greater stamp duty savings. The Expanded Concession The previous off-the-plan duty concession allowed [...]
From 18 January 2025, the United States Patent and Trademark Office (“USPTO”) will adjust its fees, with its rationale being that these increases are necessary to provide themselves with the necessary resources to administer the US trademark system. As such, new surcharges/fees to the trademark application system have been introduced, [...]
1. WHAT IS ‘FINANCIAL ASSISTANCE’? The term ‘financial assistance’ refers to a situation where a company (Target Company) financially assists a person (purchaser) for, or in connection with the process of, acquiring shares in the Target Company. The Target Company can be either a public company or proprietary company. Although [...]
