Corporate/Commercial Publications
2010
August 2010
Important changes to rules for payment of dividends
The Corporations Amendment (Corporations Reporting Reform) Act 2010 (Act) came into effect on 28 June 2010. In this bulletin, we examine the amendments made to the Corporations Act 2001 (Cth) 2001 including the circumstances in which dividends can be declared and paid by a company.
April 2010
Unfair contracts law passed
After much debate the unfair contracts amendments to the Trade Practices Act have now been passed by both Houses of Federal Parliament. In this bulletin we look at how these changes will work in practice.
March 2010
BSkyB v EDS - Do not make promises you can't keep
A recent decision of the England and Wales High Court serves as a useful reminder about how representations as to capabilities made during tendering and contract negotiations can lead to liability in the event of underperformance of the contract. The case also highlights the importance of carefully drafted limitation of liability and exclusion clauses in contractual documents.
March 2010
The New Personal Properties Securities Law - A Revolution Draws Near
From 1 May 2011, Australia will have a new and unified Federal law for the taking, registration and enforcement of security over virtually all kinds of property except land. The changes in the Personal Property Securities Act 2009 ('PPSA’) and its related legislation represent the most significant reforms ever in this area. In this bulletin we review the background and objectives of the new law.
2009
August 2009
James Hardie Penalties Announced Today
In a decision handed down by Justice Gzell in the NSW Supreme Court on 20 August, directors of James Hardie were disqualified from managing a corporation for periods ranging from 5 to 15 years.
May 2009
"Clarifying" Pricing - an update on changes to the Trade Practices Act
In this bulletin we review recent amendments to the Trade Practices Act taking effect on 25 May 2009, which have significant implications for the way in which businesses can advertise the price of goods and services.
April 2009
Pass the carbon - an overview of carbon reporting and trading
The world of carbon reporting and trading is on our doorstep. This bulletin is the first in a series of 3 Bartier Bulletins in which we look at carbon reporting and trading and endeavour to demystify these concepts. In this bulletin we will briefly examine the legislation which covers the schemes. Subsequent bulletins will look at reporting obligations and what it currently means to the majority of Australian business.
2007
November 2007
Your distribution agreement - is it worth the paper it's written on?
Having a thorough and well written distribution agreement can protect your business and avoid costly misunderstandings and disputes. It can also keep you out of court. In this bulletin we look at some of the key issues which need to be considered when negotiating a distribution agreement.
August 2007
The petrol price fixing case - what's it to you?
In this bulletin we review the outcome of the recent Geelong petrol price fixing case in which it was alleged that the petrol suppliers in the Geelong area had breached section 45A of the Trade Practices Act. We discuss the practical implications of this decision.
May 2007
Pssst .... Secret Commissions and your Business
In this bulletin we discuss the subject of secret commissions - what they are, the penalties for engaging in secret commissions and how to protect your business whether you are a principal, an agent or a third party supplier.
April 2007
Caught by the Code?
In this Bulletin we look at when trade mark licenses and distribution agreements might fall within the definition of a franchise agreement under the Franchising Code of Conduct.
January 2007
Danger - Website Linking
In a recent case several music copyright owners won a judgment in the Federal Court against a website operator whose website provided links to independent secondary sites at which music files (MP3) could be downloaded in breach of copyright. In this Bulletin we discuss some of the risks associated with website linking.
2006
October 2006
Confidentiality Agreements and the Standard Salad Sandwich
Confidentiality is becoming an increasingly important issue in commercial dealings. In this Bulletin look at some of the issues that arise in relation to obligations of confidentiality.
September 2006
Customs duty overpaid on bonded goods in the transition to free trade agreements
Bartier Perry partner, Oliver Shtein, was successful in a test case in the Federal Court relating to customs duty and the transitional effect of the Australia-US Free Trade Agreement.
May 2006
Created in His Image - or Identity in Marketing and Promotion
In light of recent media reports concerning intellectual property rights to the estate of Elvis Presley, in this bulletin we address some of the legal questions in relation to identity ownership.
2005
November 2005
Customs duty overpaid in the transition to free trade agreements
Importers who bonded goods of US origin in 2004, but entered them for home consumption in 2005, should consider applying for refunds of duty that may have been overpaid in respect of relevant importations - for further information, read on.
October 2005
IP & IT Law Update
Over the last few months there have been a number of decisions that breathe hope into the fight against spam and that encourage the resolve of the music industry to stamp out unauthorized file sharing and copying of their work. In this bulletin we summarise some of those more interesting decisions.
May 2005
It's not rocket science: governance efforts aided by new Australian standard
In this bulletin we review a recently issued Australian Standard: AS8015-2005 corporate governance of information and communication technology (AS8015).
March 2005
Hard Core Cartel Crime
Federal Treasurer Peter Costello recently announced that the Australian Government has decided to introduce criminal penalties for serious cartel conduct. In this bulletin we examine what directors and officers can do to minimise their personal risk and the risk of the corporation they serve to cartel contravention.
February 2005
The Honeymoon is over. GST & long-term non-reviewable contracts.
The new legislation introduces an opportunity for suppliers to negotiate an increase in the price with their recipient customers to order effectively to "pass on" the GST imposed from 1 July 2005 to the customers, but also taking into account the GST and accompanying tax reforms.
2004
October 2004
Hidden trade mark infringement - are you a victim or a culprit?
Keyword advertising is now one of the major revenue streams for many search engine companies, but it raises issues of possible trade mark infringement. In this summary we look at what you can do about keyword advertising trade mark infringement in Australia.
July 2004
IP & IT Law Update
In this bulletin we cover two recent cases concerning copyright issues.
May 2004
IP & IT Law Update
In this issue we focus on news relevant to the marketing, advertising and promotions industries.
May 2004
What's my name?
There are so many different types of names used by modern business that it is easy to understand why many people don’t understand what rights, if any, they have in the names used by their business. This bulletin sets out a brief summary of the different types of names used by businesses and the rights each provides the owner.
April 2004
Compliance - who cares? You should
An overview of recent ACCC activity and why compliance is important.
March 2004
IP & IT Law Update
In this bulletin we consider difficulties which businesses may have in establishing the ownership of intellectual property even when it is created by senior staff and review some new legislation relating to the use of unfair terms in a consumer contract.
January 2004
New Anti-Spam Legislation
In a bid to reduce the impact of spam, the Federal Government passed the Spam Act 2003 in December 2003.
2003
November 2003
IP & IT Law Update
An update of some recent cases in the intellectual property and information technology arena.
September 2003
IP & IT Law Update
An update of some recent cases in the intellectual property and information technology arena.
July 2003
Corporations Act Reforms
From 1 July 2003, the requirements for reporting company particulars to ASIC changed. In this bulletin we review the new regime.
July 2003
Outsourcing and Contracting - New Obligations
In this bulletin we review the changes concerning workers compensation insurance premiums and unpaid payroll tax obligations of principal contractors.
June 2003
Corporate Outsourcing - Tackling the legal risks
In this bulletin we review some of the legal risks involved in corporate outsourcing.
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