Trade marks update

Why register a trade mark? Trade marks distinguish your goods or services from those of other traders. When you register a trade mark you obtain exclusive use of the mark for your goods or services throughout Australia. A trade mark can also be integral to your marketing. Consider how closely the golden arches have become […]

Landlord’s interests and amendments to the Insurance Contracts Act

Now more than ever, landlords need to be aware of recent amendments to the Insurance Contracts Act 1984 (Cth), to ensure their interests are adequately protected under their insurance policies or those taken out by their tenants. These amendments, which came into force in June 2013, include some key changes in relation to third party […]

Employment Law update – unfair dismissal of casuals

A recent decision of the Fair Work Commission (FWC) serves as a reminder that casuals are not excluded from making unfair dismissal claims. Provided they have been employed on a regular basis for 6 months (or 12 months for small business employers) and have a reasonable expectation of continuing employment, casuals can make unfair dismissal […]

Increased risk of officers liability

Officers Can Be Held Personally Liable Recent changes to the Liquor Control Reform Act 2003 (Act) have increased the risk of a licensee’s “officers” being held personally responsible for offences committed by the licensee. The “officers” of a licensee include not only the directors and secretary but any person concerned in, or who takes part […]

Important matters relating to leases

There are 3 important matters relating to leases that are subject to the Retail Leases Act 2003 (Act) which landlords often overlook. These are as follows:- 1. Refusing Options to Renew It is important for a landlord to give its tenant written notice of any default on each and every occasion that the tenant defaults […]

Leasing updates

In the recent VCAT decision of South Yarra Colonnade Pty Ltd v Designbuilt Industries Pty Ltd & Ors (Retail Tenancies) [2013] VCAT 266, a tenant of a retail shop sent a letter to its landlord advising the landlord that it intended to exercise its option. When the lease was subsequently terminated, the landlord argued the […]