News

No Representations as to Capacity Implied Into Contractual Terms

By Benjamin Caddaye, Law Clerk and Alicia Hill, Principal, MST Lawyers This month’s article reports on the New South Wales District Court decision in Lee v Passiontree Velvet Pty Ltd & Ors [2019] NSWDC 710. This decision concerned a franchisee that had entered into two agreements with the franchisor for repayment of his franchise fee…

Reforms to the Director Penalty Notice Regime to now include GST

Reforms to the Director Penalty Notice Regime to now include GST By Lucy Jukes, Law Graduate On 1 April 2020 the Federal Government’s reforms to combat illegal phoenix activity will extend the coverage of the Director Penalty Notice (DPN) regime. The Australian Taxation Office (ATO) will extend its capacity to issue company directors with a…

VCAT Lessons: Owners Corporation Deadlock and Unreasonable Co-owners

The recent Victorian Civil and Administrative Tribunal (VCAT) decision of Borik v Owners Corporation RP001439 (Owners Corporation) [2019] VCAT 1459 is an excellent reminder of the challenges that co-owners can face when dealing with each other in relation to their common property. In his reasoning, Member Ussher provides useful insight into how the Tribunal will approach breaches of the model rules in the context of a ‘dysfunctional’ owners corporation.

Don’t Bank Your Reputation On Generic Terms: “COMMUNITY BANK” Removed From Trade Mark Register

The Federal Court has ordered that two “Community Bank” trade marks of Bendigo and Adelaide Bank be removed from the register due to a lack of distinctiveness and a lack of evidence of use prior to filing almost 20 years ago. This case highlights that even long registered trade marks consisting of common terms may be at risk if they were not sufficiently distinguishable from the goods and services of other traders at the time they were filed.