PUBLICATIONS

A SELECTION OF RESOURCES FROM OUR BUSINESS GUIDE SERIES

Testamentary Trusts

Under current tax laws, income distributed from testamentary trusts to children or grandchildren under the age of eighteen will be taxed at normal individual tax rates...

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Partnership Agreements

A partnership is the relationship which exists between persons carrying on a business in common with a view to profit. It involves an agreement between two or more parties to enter into a legally binding relationship and is essentially contractual in nature...

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Directors Duties in Australia

Directors govern a company on behalf of the shareholders of that company. The Corporations Act s 198A states that “the business of a company is to be managed by or under the direction of the directors”...

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Case Note: Actavis Pty Ltd v Orion Corporation [2016] FCAFC 121

On 9 September 2016, the Full Federal Court of Australia handed down its judgment in Actavis Pty Ltd v Orion Corporation [2016] FCAFC 121. The decision provides further practical guidance on the requirements for drafting an effective exclusive license...

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Intellectual Property, Protection and Enforcement: The need for a strategic approach

In this day and age, launch planning, taking account of the intellectual property landscape, should be a fundamental - actually, quintessential - part of the innovation process. The earlier it is integrated in the innovation process, the better the ultimate result....

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Structuring a transaction. Share sale or asset sale?

The subject matter of the transaction are the sale shares forming part or all of the target
company’s share capital. It is the target company that conducts the business...

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Employee or Contractor?

In February this year the Fair Work Commission (FW) rejected an application for unfair dismissal brought by a Victorian Uber driver, and in doing so provided useful guidance in the...

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My customer won't pay my invoice! What can I do?

This week S&A Legal assisted a client to settle a dispute regarding an unpaid invoice. Richard Ong, a corporate commercial solicitor at S&A, explains why it is...

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Privilege in Litigation

The Hon Justice Lindsay Foster (Federal Court), together with The Hon Justice James Stevenson (Supreme Court) gave a fascinating seminar on 21 February 2018 at the Banco Court in the...

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The Uber case

A gig economy is an environment in which temporary positions are common and organisations commonly contract with independent workers for short-term engagements...

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Recent changes to when trade marks can be removed for non-use

Until recently, registered marks in Australia have been afforded a grace period of 5 years, commencing from the filing date onward. During this time, a mark is not vulnerable to applications for...

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