Legal Insights
The pitfalls of Self-Filing a Trade Mark
We increasingly come across individuals or businesses that are self-filing trade marks and managing their own portfolios. Their reasoning – why pay a lawyer to do it, when I can do it cheaper? Well, here are a few reasons that might make you reconsider self-filing a trade mark.
ALPMA Appoints New President – Andrew Barnes, Financial Controller of Harwood Andrews and The Lantern Legal Group
The Australasian Legal Practice Management Association (ALPMA) today appointed Mr Andrew Barnes, Financial Controller for the Lantern Legal Group, as its President, following the departure of Mr Anthony Bleasdale who has accepted a new role as Director of BigHand in Asia Pacific
Unauthorised use of one photo cost $24,000
Have you ever copied a photograph from the internet without seeking permission from the owner? An American photographer has recently pursued a travel agent operating in Melbourne for the unauthorised use of a picture of Hawaii.
Beware of Sham Registrations on the Personal Property Securities Register
To register a security interest on the Personal Property Securities Register (Register), there is no requirement to file the underlying agreement that creates the security interest. Accordingly, the Personal Property Securities Registrar cannot determine whether or not a registration is justified simply on the face of the details inputted into the Register. This therefore opens the Register up to abuse by the lodgement of sham registrations.
Federal Government Announces the Entrepreneurs' Infrastructure Programme
The Federal Government announced the establishment of the Entrepreneurs’ Infrastructure Programme (EIP), with funding of $484.2 million over 5 years. The objective of the EIP is to improve the business capabilities of Australian small to medium enterprises to make them more competitive on the world stage.
Changes to contracts and disclosure requirements for Victorian retirement villages
Changes to the regulations under the Retirement Villages Act 1986 will come into operation on 1 July 2014 relating to contracts and disclosure requirements for Retirement Villages in Victoria.
First Fair Work Commission ruling on merits of bullying complaint
The anti-bulling jurisdiction of the Fair Work Commission (FWC) has now been in place for over 4 months, and the first decision ruling on the merits of an application has been handed down.
The hearing of the application was conducted in private, and the names of the parties and individuals involved were kept anonymous in the published decision. In that decision, the FWC rejected a manager’s claim for anti-bullying orders, finding that there was insufficient evidence there had been repeated unreasonable behaviour towards the applicant, or that any unreasonable behaviour had created a risk to health and safety.
Family Trusts - Structuring for Family Business
When recommending a structure to conduct a business or hold an investment, advisors should consider a number of issues, primarily the income taxation consequences of the structure, the ability to access applicable capital gains tax reliefs upon a sale of a capital appreciating asset, the asset protection benefits of the recommended structure and how the structure works to ensure that control of the asset passes to the next generation upon death in a succession plan. Legal and accounting advisors routinely recommend a discretionary trust structure for these purposes. However, it is important to highlight the difficulties that a discretionary trust structure poses in planning for succession and how those difficulties are best addressed.
Harwood Andrews welcomes and participates in the review of the Personal Property Securities Act 2009 (Cth) (PPS Act)
In light of the review of the PPS Act that is currently underway, we seek your input on how the PPS regime has impacted on your business so that we can better represent the interests of SMEs in the review process.
Aged Care Reforms
The second round of changes set out in the federal government’s Living Longer Living Better aged care reform package will commence on 1 July 2014.
The reforms aim to provide more choice, easier access and better care. However, there are concerns that many retirees will end up paying more for their admission to and ongoing care in aged care facilities, due to the changes in the way daily care fees will be means tested.
Personal Property Securities Regime: The practical implications
Arguably not since the introduction of GST has there been a more urgent need for businesses to review and revise their business practices, procedures and documentation than now. With the recent commencement of the Personal Property Securities Register under the Personal Property Securities Act (PPS Act), businesses need to take proactive steps to protect their businesses.
Ownership is no longer king: The consequences of failing to register an ownership interest in goods
On 27 June 2013, the first major decision in Australia in regard to the Personal Property Securities Act 2009 (Cth) was handed down in the New South Wales Supreme Court. The decision in the case of Maiden Civil v QES [2013] NSWSC 852 is a powerful illustration that possession can trump ownership if you do not register your interest in goods on the Personal Property Securities Register (PPS Register).
Protect your assets - The Personal Property Securities Regime - what it means for your business
It could be argued that not since the introduction of the GST has there been a more urgent need for businesses to review and revise their business practices, procedures and documentation. In January 2012 the Personal Property Securities Act introduced a new Personal Property Securities Regime which, in effect, compels business owners to take proactive steps to formally register their interests in certain assets if they wish to ensure their business and their assets are properly protected.
Planning for potential future incapacity
It is important for people of all ages to plan for potential future incapacity. Incapacity can arise from illness or injury and can be temporary or permanent. If you lose capacity, your family will not have the ability to make financial, medical and lifestyle decisions on your behalf
Unfair Contract Terms - Increased Protection for Small Business
The Federal Government has released a consultation paper seeking feedback from small business owners on proposed protections from unfair contract terms.
Can your business benefit from the skills of overseas workers?
The subclass 457 visa regime allows employers to access the skills of overseas workers where a genuine skills shortage exists in Australia or where a suitably qualified Australian worker is not available. This regime addresses employer demand for skilled workers in a way which ensures job opportunities for Australians are not undermined.
Privacy Reform - Credit Reporting Fact Sheets Now Available
As you would appreciate from our previous alerts regarding the reform of the Privacy Act (Cth) 1988, the two major aspects of the reform involved:
- the introduction of the Australian Privacy Principals; and
- the reworking of the Australian credit reporting system.
Execution of Guarantees - Think twice before seeking to avoid liability for a guarantee
When obtaining finance, directors of family businesses will often be required to provide guarantees.
Importantly, and as the discussion below indicates, directors may become unwittingly bound by guarantees they did not know they had provided.
Therefore it is important that prospective guarantors fully understand when a guarantee will be taken to have been provided, as well as understanding that executing a contract in their directorial capacity may, if the agreement so provides, expose them to personal liability under a guarantee.
The Effect of Brirek Industries Appeal on Section 134 of the Building Act 1993 (Vic)
The Victorian Civil and Administrative Tribunal (VCAT) has long adopted the position that the ten year period for which an action can brought against a builder as stated in Section 134 (S134) of the Building Act 1993 (the Act), is intended to replace the period of six years provided by the Limitations of Actions Act 1958. This position has not been without its critics.
The recent County Court decision of Brirek Industries –v- McKenzie Group Consulting, adopts the alternative position. That is, any cause of action will be statute barred upon the expiration of the six year period under the Limitations of Actions Act 1958.
Landowners affected by failed timber companies urged to be cautious
Landowners, whose land is affected by leases to failed timber companies Great Southern and Gunns Plantations Ltd (GPL), should be careful before entering into any agreement with the liquidators of GPL, according to a warning by Richard Anderson, a director of law firm Harwood Andrews.
Some landowners who have been caught up in the collapse of Great Southern and GPL may recently have received a letter from the liquidators of GPL offering various options concerning dealing with trees still growing on their land, even though landowners have not received rental payments for some time.