Sometimes described as the ‘corporate veil’, the limited liability of directors can be pierced by their conduct relating to trade mark infringement by their company. How can this happen? Directors must act in good faith in the ordinary course of business of the company. Where decisions are made by directors (whether intentional or recklessly indifferent) […]

Campaign Track Pty Ltd v Real Estate Toolbox Pty Ltd (2021) is a reported decision of the Federal Court of Australia.  It confirms that a subset (i.e. a part of a larger group of related things) of instructions or statements within a software system can be the subject of copyright, which can be enforced against […]

On the 4th of August 2021, the High Court of Australia delivered a significant unanimous decision in  Workpac Pty Ltd v Rossato [2021] HCA 23. On one hand the decision provides a “stable” definition of what casual employment is; and on the other hand, an opportunity for rogue employers to exploit another potential loophole. The […]

The Federal Government has recently announced that it will be providing a targeted Capital Gains Tax (CGT) exemption for granny flat arrangements, which is expected to commence as early as 1 July 2021, (subject to the passing of legislation to put the exemption into effect). Importantly, one of the key elements approved by the Federal […]

Introduction In  R v Jones [2011] QCA 19, the appellant had been convicted in the District Court at Mount Isa of sexual assault.  He appealed to the Court of Appeal. On appeal, he argued that there had been a miscarriage of justice because the trial judge had directed the jury that his intention or motive […]

National Cabinet Mandatory Code of Conduct: Commercial Leasing Principles During COVID-19[1]  The Code is a set of overarching principles to guide arrangements and negotiations between landlords and tenants. The Code will be enacted and regulated via state and territory legislative instruments.[2] The Code will last while the COVID-19 Commonwealth Government’s JobKeeper programme  remains operational.  The […]