News

New Automotive Section in Franchising Code of Conduct

By Raynia Theodore, Principal The Federal Government has recently announced proposed changes to the Franchising Code of Conduct (“the Code”) that will introduce provisions relating directly to New Vehicle Dealership Agreements. The changes will introduce Divisions 5 and 6 to the Code, regulating end of term obligations, capital expenditure requirements and the resolution of disputes…

Court supports step-in rights as registerable security interests under PPSA

By Benjamin Caddaye, Law Clerk and Alicia Hill, Principal, MST Lawyers The Supreme Court of Western Australian decision in Bluewaters Power 1 Pty Ltd v Griffin Coal Mining Company Pty Ltd [2019] WASC 438 provides the first guidance from an Australian Court as to whether contractual step-in rights are considered a registerable security interest under…

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…

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.