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
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
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
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
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.
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
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
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
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
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