FMCG Express | September 2022 Edition
In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]
ReadmoreFMCG Express | May 2021 Edition
2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]
ReadmoreFMCG Express | April Edition
It has been a tumultuous start to 2020, with the devastating droughts and bushfire season, followed by the COVID-19 pandemic. Australian businesses have been faced with unprecedented challenges, and the impact on the FMCG, retail and hospitality sectors has been profound. While some areas of the FMCG sector are on the up, others are struggling, […]
ReadmoreFMCG Express | September Edition
Gadens has brought together a selection of articles from our top lawyers operating across the FMCG sector, to bring you the September edition of the FMCG Express. Covering recent stories such as the Kraft vs Bega dispute, the advertising campaign by Ad Standards and Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] […]
ReadmoreIntellectual property exception to competition law prohibitions to be removed. Time to review IP dealings for anti-competitive provisions.
Effective from 12 September 2019, the exception to the prohibitions on restrictive trade practices, contained in Part IV the Competition and Consumer Act 2010, for the conditional licensing and assignment of intellectual property will be removed. The impact from this will be that, effective from that date, all transactions involving IP will become subject to competition law prohibitions […]
ReadmoreCopyright infringement and the innocent infringement defence: The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016
The recent Federal Court decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 provides further guidance on what constitutes reproduction of a substantial part of a copyright work, innocent infringement and the circumstances relevant to assessing damages, including additional damages. Background Dempsey Group operates the Bed Bath N’ Table […]
ReadmoreFranchisors may be able to avoid liability for franchisees’ conduct under the Estate Agents Act
Franchisors’ joint and several liability for the negligence and defalcations of their franchisee estate agents has been cast into doubt by a recent decision of the Supreme Court of Victoria. In Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd [1] , the court narrowly read the definition of “franchising agreement” […]
ReadmoreFranchisors exposed for franchisee failures with passage of Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
Further to our update, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has been passed by the Australian Parliament after modification by the Senate. The Act became law on 15 September 2017. Franchisors will come under the new regime from 27 October 2017. Introduced following revelations of franchisees breaching their obligations as employers, […]
ReadmoreCourt of Appeal clarifies “franchising” under the Estate Agents Act
As anticipated in our previous update, the Supreme Court’s decision in Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd, affecting franchisors’ liability under the Estate Agents Act 1980 (the Act) was appealed by the government. Success in that appeal means the concept of “franchising agreement” for Victorian estate agents […]
ReadmoreAmendments to Fair Work Act to create new compliance issues for the franchising sector
Following a number of recent high profile cases involving franchisees breaching their obligations as employers, the Government introduced the Fair Work (Protecting Vulnerable Workers) Bill 2017. The Bill proposes amendments to the Fair Work Act 2009 (Cth) to: introduce increasing civil penalty provisions of up to 600 penalty units ($108,000) for individuals or 3,000 penalty […]
ReadmoreCopying Building Plans – Cost Savings…or Costly Mistake?
A recent Federal Court decision1 serves as a reminder that copying building plans can be an infringement of copyright, which may attract significant financial imposts on both the landowner and the builder. Background Mr and Mrs Mistry (Mistrys) and building designer, Henley Arch Pty Ltd (Henley) were in discussions to design and build the “Amalfi […]
ReadmoreMore regulatory changes on the way for embedded networks
In recent action by the Australian Energy Regulator, several shopping centres and retirement villages were issued with infringement notices for not selling electricity in a manner required by the National Energy Retail Law. This is a timely reminder for operators of embedded networks to familiarise themselves with their regulatory obligations and also to be aware […]
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