| Employee IP Ownership: Recent case |
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| 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... |
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| Duties of an Estate Executor |
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| 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... |
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| Overseas trade mark applications |
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| 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... |
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| Bankruptcy Debt Threshold to Increase |
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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... |
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| Are you selling your business? |
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| 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... |
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| Lai Kwan Low Joins mdp |
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| 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... |
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| New Pay Rates for Modern Awards |
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| 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... |
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| Protecting Confidential Information |
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| 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... |
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| Avoid Waiving Client Legal Privilege |
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| 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’)... |
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| New National Business Name Registration Proposed |
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| 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... |
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