Australia: Restraints of trade and customer connections - Swaab Attorneys
This restraint of trade provision used in a Qld contract was deemed to be unenforceable on grounds of unreasonableness.
View ArticleAustralia: Avoiding redundancy pay where the employer obtains other...
An employer can rely on the exemption if employment can be found in the same organisation or with a different employer.
View ArticleUK: What Brexit will mean for trade marks in the UK - Swaab Attorneys
It is important to remember that after the withdrawal, the UK will remain a member of the Madrid Protocol as will the EU.
View ArticleAustralia: Competing considerations: An employee and her hobby...
Employers are entitled to expect employees to devote their "full time and attention" in work hours to their duties.
View ArticleAustralia: Reheated retweets: The significance of a retweet in...
An employee subject to a social media policy could face disciplinary action if the retweet is in breach of that policy.
View ArticleAustralia: Until debt do us part: The effective use and pitfalls of...
Where a genuine dispute exists, creditors should commence court proceedings rather than issuing a statutory demand.
View ArticleAustralia: Use it or lose it: a recent case on the law of adverse possession...
The case highlighted how land could be lost to adverse possession if it is overlooked by executors of a deceased estate.
View ArticleAustralia: Family law publication restrictions: What is private and what can...
Parties to family law proceedings may be committing an indictable offence if they publish any court details online.
View ArticleAustralia: Childrens wishes in family law matters: will your childs...
The Court is not required to make orders to adopt a child's wishes if such a departure is in the child's "best interests".
View ArticleAustralia: The ABC of CGT in your family law property settlement - Swaab
This article sets out how CGT is generally treated by the Family Court in family law property settlement proceedings.
View ArticleAustralia: Crowd-sourced funding (CSF) now extended to private companies -...
Private companies can now seek finance through the equity CSF regime, that was previously open only to public companies.
View ArticleAustralia: Is it okay to let your former spouse travel overseas with the...
Article warns of dangers involved in allowing your former spouse to take your children overseas.
View ArticleAustralia: Show me the money: the consequences of failing to disclose...
Article discusses the importance of disclosing assets in family law proceedings.
View ArticleAustralia: Changing the surname of your child after separation or...
Article outlines when a court will be prepared to consider changing the surname of a child.
View ArticleAustralia: Domestic violence in financial cases in the Family Court and...
The article looks at the impact of domestic violence on financial cases, such as property settlements and contributions.
View ArticleAustralia: Preventing international parental child abduction - Swaab
When a parent takes their child out of Australia without any agreement, it may be difficult to secure its safe return.
View ArticleAustralia: If you have signed a prenup and no longer agree to the terms, what...
When you sign a Binding Financial Agreement and no longer agree to its terms, your rights to terminate are very limited.
View ArticleAustralia: Appeals: a useful lesson - Swaab
Parties should raise all relevant arguments at first instance, as they may not be able to raise new points on appeal.
View ArticleAustralia: Cross all Ts, dot all Is: Personal guarantees gone wrong - Swaab
This case highlights that creditors must get personal guarantees right or they may risk not being able to enforce them
View ArticleAustralia: Death and family law property proceedings - Swaab
What happens if family law property proceedings have commenced and then a party to the proceedings dies?
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