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Worth Knowing

Follow deleter – remedies for the destruction of electronic documents in litigation

We are all used to seeing pop-up warnings when we go to delete electronic documents, although the pop-ups don’t usually warn us about things like “contempt of court” or “abuse of process”.  However, the destruction of documents can have serious consequences in litigation. A recent case in the Supreme Court of New South Wales has confirmed that

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August 17
2017
Litigation and dispute resolution

When commercial arbitration goes against the grain

Breaking up (so the song tells us) is hard to do.  This proposition is no less true of commercial relationships than it is of personal relationships, which is why difficulties can arise in the enforcement of contractual dispute resolution procedures, such as agreements to arbitrate.  Once a dispute actually arises, one party to the agreement

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August 4
2017
Commercial Law Litigation and dispute resolution

“Worth knowing” on tour

If you have ever worked with Angus Macinnis you will know how much he likes the sound of his own voice. Fortunately, he is not the only person who likes (or at least, is prepared to tolerate) the sound of his voice, which is why he gets invited to present at CLE seminars from time

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July 24
2017
SVL in the community

StevensVuaran Lawyers (and mooters from the UNDA Sydney Law School) in this month’s Law Society Journal

StevensVuaran Lawyers is a proud supporter of mooting at the Sydney Law School at the University of Notre Dame Australia, sponsoring the senior mooting competition conducted by the Notre Dame Sydney Law Society. In addition, Angus Macinnis assists head coach Svetlana German (a lecturer at UNDA Sydney) in coaching the UNDA Sydney team in the Willem

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July 4
2017
SVL in the community

Do US and Australian laws have different slants on “scandalous” trade marks?

In the US Supreme Court last week, a band called The Slants had a big win. The band, who are apparently “the world’s first and only all-Asian American dance rock band”, had applied to register their band name as a trade mark. Registration had been refused on the basis of a legislative provision which prohibited

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June 25
2017
Intellectual property law

Exclusive! Exclusive! Jurisdiction clauses in international contracts

If you skim to the end of most contracts, you should find clauses of the kind which are often described as “midnight clauses”.  These are clauses dealing with the proper law of the contract, the jurisdiction (or forum) for the resolution of disputes, and (in some cases) providing for alternative dispute resolution mechanisms, such as arbitration.

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June 12
2017
International dispute resolution International trade law

“The menu, sir? I’m sorry, that’s confidential”

Confidential information can be used (and misused) in lots of different ways. Disputes about use and misuse often arise following the termination of various kinds of contracts (including employment contracts and franchise contracts) which provide for confidential information to be provided by one party to the contract to the other party. If a party is

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May 22
2017
Franchising Law Litigation and dispute resolution

No minor undertaking – the high price of “winning the battle, but losing the war”

What’s better than getting an award of damages to compensate you for your loss?  Well, many things, but “preventing the loss from occurring in the first place” is pretty high up on the list.  It’s for that reason that an early decision which will often have to be made in litigation is whether to seek

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May 1
2017
Litigation and dispute resolution

Who do you work for?

For many people, the question, “who do I work for?” will not be a difficult question to answer.  However, the complexity of corporate groups will sometimes make this question very difficult indeed.  Organisations which are large enough to employ HR professionals are usually large enough to have complex structures, and it is important for HR

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April 24
2017
Employment Law

StevensVuaran Lawyers in this month’s Australian Dairy Foods magazine

From time to time, we like to spread the word  of what we do beyond the corners of this website. The word has spread as far as this month’s edition of Australian Dairy Foods Magazine, which includes an article by Angus on the legal implications of monitoring employee communications (arising from a recent case in

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March 28
2017
Agribusiness law Employment Law
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