Jacksons Drawing Supplies Pty Ltd v Jackson’s Art Supplies Ltd (No 2) [2025] FCA 1127

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 [...]

2026-01-28T14:31:55+11:00January 28th, 2026|Categories: Intellectual Property|Tags: , |

When “remedy defects” means “pay damages”: lessons from Grech v Biltar Pty Ltd [2025] VSC 636

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 [...]

2025-10-21T14:36:16+11:00October 17th, 2025|Categories: Property|Tags: , |

Agents: Don’t pay for the privilege of working for free

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 [...]

2025-09-03T22:10:47+10:00September 3rd, 2025|Categories: Property|Tags: , |

Challenging market rent determinations under the Retail Leases Act: key lessons for landlords and tenants

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 [...]

2025-08-12T10:03:35+10:00August 11th, 2025|Categories: Property|Tags: , |

Temporary Changes to Off-the-Plan Duty Concessions

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 [...]

2024-12-18T09:33:50+11:00December 11th, 2024|Categories: Property|Tags: , |

United States Patent and Trademark Office (USPTO) Increases to Trademark Fees and Changes starting 18 January 2025

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, [...]

2024-12-06T15:52:58+11:00December 6th, 2024|Categories: Intellectual Property|Tags: , |

Financial Assistance, the “Whitewash” Procedure and other Exemptions

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 [...]

2025-03-25T11:56:38+11:00November 12th, 2024|Categories: Commercial|Tags: , , |

Disney’s Shift in Legal Strategy: A Case Study in Contractual Disputes and Arbitration Clauses

In October 2023, Jeffrey Piccolo faced a devastating loss when his wife, Dr. Kanokporn Tangsuan, passed away due to a fatal allergic reaction at Raglan Road Irish Pub in Disney Springs, part of the Walt Disney World resort property. Despite assurances that Dr. Tangsuan's meal would be free of allergens to [...]

2024-10-16T15:39:00+11:00October 16th, 2024|Categories: Intellectual Property|Tags: , |

Commercial and Industrial Property Tax Update

Earlier in March 2024, the Victorian Government introduced the Commercial and Industrial Property Tax Reform Bill 2024 (‘Bill’). The Bill reformed the Victoria’s land transfer duty regime in respect of commercial and industrial properties, with stamp duty largely replaced by the new Commercial and Industrial Property Tax (‘CIPT’). The Bill [...]

2024-07-29T10:27:39+10:00July 29th, 2024|Categories: Commercial, Property, Taxation|Tags: , , |

Pointon Partners AGM LAWORLD SYDNEY

Further reflecting on the success of the AGM of LAWorld in Sydney, with some additional photos of our team at the fantastic event. We again give thanks to all of our LAWorld network for a successful and informative AGM and very much look forward to building upon the prestigious international [...]

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