Asia Pacific

Case update: trade mark licensing and register formalities in the spotlight

The Federal Court recently handed down its decision in Calico Global Pty Ltd v Calico LLC1. This decision highlights the potentially fatal consequences of not updating the IP Australia register to reflect a change in trade mark ownership.

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Hall & Wilcox named as WGEA Employer of Choice for Gender Equality

The Workplace Gender Equality Agency (WGEA) has named Hall & Wilcox as an Employer of Choice for Gender Equality (EOCGE).

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Is your land tax bill keeping you awake at night?

Between January and April this year, the State Revenue Office (SRO) will send close to 500,000 land tax assessment notices to owners of real property in Victoria.

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Hall & Wilcox advises Arena REIT acquisition of three specialist disability housing properties

Leading Australian law firm Hall & Wilcox has advised Arena REIT on its recent acquisition of three specialist disability housing properties in Adelaide for $23.95m. The three properties, in Salisbury, Kingswood and North Adelaide, are leased on a long term basis to SA disability care and rehabilitation services provider SACARE.

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Financial Services in Focus – Issue 20

Funds and financial products

Royal Commission fallout

On 18 February, the Commonwealth Treasurer, Josh Frydenberg, issued a media release setting out the Commonwealth Government’s actions since the release of the final report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

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Third party liable to contribute to damages for injury caused by negligence of another

The WA Court of Appeal has upheld a District Court judge’s decision apportioning 25% liability to Harvey Norman, in a case involving a customer injured while collecting purchases from Harvey Norman’s warehouse in Osborne Park.

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Avoid short cuts: enforcing an established safe system of work

The WA Court of Appeal has upheld a District Court decision finding an employer negligent in circumstances where it knew workers were using a ‘short cut’ rather than the system of work the employer had devised.

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Liability of Guarantors and Possible Strategies for Mitigation of Liability

Large unpaid debts and continuing defaults by borrowers require the banks and financial institutions to initiate proceedings for recovery of dues against the principal borrowers as well as the guarantors under various legislations and forums, including the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for enforcement of security against the guarantors and under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 before the Debt Recovery Tribunals for recovery of debt against the guarantors. The Insolvency and Bankruptcy Code, which came into force on December 1, 2016, as a consolidated legislation to deal with insolvent and bankrupt persons, both natural and artificial, is also assisting the financial institutions to initiate corporate debt resolution process against guarantors.

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Fair Point, Mr Hayne

In case you hadn’t heard, the Final Report of the Financial Services Royal Commission was delivered by Mr Ken Hayne on Friday 1 February, and published on Monday 4 February.

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Talking tax – Issue 148

Single entity rule confirmation from the ATO

On 30 January 2019, the ATO issued TR 2004/11A1 as an Addendum to ruling TR 2004/11 on the interaction of the tax consolidation ‘single entity rule’ in the context of applying the tax anti-avoidance provisions contained in Part IVA of the Income Tax Assessment Act 1936 (Tax Act) (Addendum).

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