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Worth Knowing

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

Fiduciary duties, with your choice of chips or salad

When it comes to my favourite things, I never really could get into raindrops on roses, or whiskers on kittens.  Fiduciary duties and chicken schnitzels, however, are pretty high on my list.  So you can imagine my delight when I saw that these two of my favourite things had been brought together in a recent

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March 21
2017
Employment Law

Work safety in the gig economy – riding or colliding?

This is a story about vicious cycles.  In the late 1990s, the CBDs of Australian cities were full of vicious cycles, propelled by vicious (or, at least, more than a little assertive) bicycle couriers.  Then, for a while, the vicious cycles seemed to disappear (perhaps because the rise of email made it easy to send

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March 15
2017
Work health and safety

How not to do redundancies

“Act in haste, repent at leisure” is a proverb which comes up so often in employment law that I have sometimes been tempted to get myself a tattoo of those words.  (If the tattoo was not to my liking, of course, the tattoo would then itself be a perfect example of the proverb).  A recent

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March 7
2017
Employment Law
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