News

Extended Commercial Tenancy Relief Scheme – To run until 15 March 2022

On 15 January 2022, the Minister for Small Business announced an extension to the Commercial Tenancy Relief Scheme. The extended scheme will now run until 15 March 2022, allowing eligible tenants rent relief until that date from 15 January (which is the date the 2021 Regulations would otherwise have ended). The enabling legislation allows the…

The Enforceability of Restraint of Trade Clauses in Commercial Contracts

When parties enter into a commercial agreement, they may seek to safeguard their commercial interests in certain events by way of a restraint clause (Restraint Clauses).   Restraints Clauses are often found in commercial agreements, such as partnership or shareholders agreements, franchise agreements and business or share sale agreements and employment agreements.  

The Perils of Non-Use: Is your trade mark at risk?

If you are the registered owner of a trade mark you should take care to ensure that you are using the trade mark within the meaning of the Trade Marks Act 1995 (Cth). Otherwise, your trade mark may be at risk of being removed from the register if someone succeeds in bringing a non-use application against you. Before initiating disputes or issuing letters of demand on the basis of your trade mark rights, you should ensure that you are not exposed to this risk, lest you quickly find yourself on the back foot, defending a non-use application brought by the recipient of your letter of demand!

Australia’s long-awaited signing at the Singapore Convention on Mediation

By Alicia Hill, Principal and Angela Wang, Law Clerk  On 10 September 2021, Australia, along with 54 other countries, signed the Convention on International Settlement Agreement Resulting from Mediation (‘Singapore Convention’). This has been a long-awaited step toward an improved avenue for parties to enforce and mediate settlement agreements internationally, reaping the benefits of cost…