News
Recent articles by mdp McDonald Partners
The following are articles of interest in our area of practice. The articles are either of general interest such as firm news or are news stories pertinent to our areas of expertise. For more information on any of the stories contained in this news section please call the firm on (03) 9620 9660.Are you selling your business?
When selling a business, preparation is crucial – both to ensure the vendor is adequately protected against future claims made against the business, and to maximise the vendor’s ultimate return on the sale. Careful planning is required whatever the reason for the sale. Many factors impact on the ultimate return for the vendor: not just the value of the assets, but also the...
Avoid Waiving Client Legal Privilege
Don’t Waive Goodbye to your Client Legal Privilege Did you know that if you inadvertently disclose your legal advice to a third party, you may be waiving your right to claim client legal privilege over that information? This can prove detrimental in the context of legal proceedings. During litigation, parties to a legal dispute are generally required to provide (or ‘discover’)...
Bankruptcy Debt Threshold to Increase
Are you owed money? Do you have to pursue bad debts? A forthcoming change to Australian bankruptcy legislation will limit your debt recovery options for debts under $5000. Bankruptcy Legislation Amendment Bill 2010 In general, when a debtor is unable or refuses to repay a debt, the creditor can apply to the Federal Court of Australia or the Federal Magistrates Court of Australia to...
Duties of an Estate Executor
Are you an executor of a will? Are you aware of your rights and responsibilities and how to fulfil them? Are you aware of the consequences of breaching your obligations? A personal representative of an estate gives effect to the deceased’s final wishes as set out in the will. In doing so, the executor is required to act in the best interests of the estate, and may need to seek financial...
Employee IP Ownership: Recent Case
An employer will generally own the intellectual property (IP) generated by an employee in the course of their employment. A number of factors are considered to define “in the course of employment”. A recent designs law case illustrates these factors and serves as a warning for employees and employers alike. Courier Pete Pty Ltd v Metroll Queensland Pty...
Lai Kwan Low Joins mdp
mdp Welcomes Commercial Litigation Lawyer mdp mcDonald Partners is pleased to introduce Lai Kwan Low, a second year commercial litigation lawyer with litigation experience across a range of jurisdictions. Lai Kwan has extensive litigation experience and has represented clients in diverse commercial disputes, including contractual and partnership disputes. She also brings expertise in a...
mdp Welcomes Sarah Cameron
Sydney IP and Commercial Lawyer joins mdp team mdp McDonald Partners warmly welcomes Sarah Cameron, a third year intellectual property and commercial lawyer with additional experience in property and tourism law. Sarah brings experience in advising on business purchases, company structures and commercial contracts, as well as on real estate acquisitions and leases. She has...
New National Business Name Registration Proposed
Do you own a business? Are you thinking of setting up a new business? A new national system for business name registration has been proposed, and you can have your say on the changes in the public consultation process now under way. At present, business name registration is managed by each State and Territory. Each business must register its business name in every State or Territory in which it...
New Pay Rates for Modern Awards
New rates of pay from 1 July 2010 The Modern Awards, which cover most workplaces, commenced on 1 January 2010. New rates of pay must be paid from 1 July 2010 under the transitional arrangements for most of the Modern Awards. Therefore, some employees should receive pay rises from that date. The transitional arrangements in the Modern Awards continue until 1 January 2014. This...
New Pool Fencing Requirements Begin
Are you installing a new swimming pool or spa? Do you know what your legal obligations are in relation to safety fencing? It pays to check the requirements before spending good money on inadequate barriers. The Building Code of Australia 2010 came into effect on 1 May 2010, and new swimming pools now require four-sided pool fencing. Previously, a building wall with a self-closing door could...
Overseas trade mark applications
mdp McDonald Partners assists a number of clients with international trade marks strategies. We work with clients to determine the scope of protection required, and then provide advice on which is the most efficient method to obtain that trade mark protection. Overseas trade mark protection is important in two ways: firstly, it gives enforcement and protection rights over trade...
Patent filing fees to increase
IP Australia has released a discussion paper indicating that it is likely to increase official government fees associated with patents and patent applications by an average of 7%. Fees set to increase include the filing fee associated with filing a provisional patent application by non-electronic means and renewal fees after the 10th year of the patent. At this stage, IP Australia...
Protecting Confidential Information
Protecting Your Confidential Information From Past Employees What information do your employees have access to, and what could they do with it if they left your business? Employers should take steps to ensure that their confidential information is not compromised in the event that an employee leaves, and can do so in various ways. Have you protected your business from employees who leave? Gone...
Provision for Children in Wills
Have you been left out of a will? Do you think the will-maker should have made a provision for you out of their estate? You may be able to obtain a proportion of the estate through court action. Under the Administration and Probate Act 1958 (Vic), a court has the power to alter the dispositions of a will to make adequate provision for the proper maintenance and support of a person for...
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