Property

Case Study: When products look too similar

The Australian Federal Court has recently handed down a decision in the matter of Nutrientwater Pty Limited v Baco Pty Limited [2010] 2 FCA 2. This is a case about products that look similar to each other. | read more...

An Introduction to Intellectual Property

“Intellectual Property” is a phrase that is often thrown around these days. Most people understand that it can be valuable, that it can be an important element especially in today’s highly competitive markets. However, most people do not understand what it actually consists, and what rights go with it. | read more...

Small Business Tips - Lease of Premises

If you’re starting out your own business or you work from home, one of the things you may consider at some point in time is to establish a commercial presence by leasing out an office or a retail shop.

A commercial lease is different to a residential lease, so don’t assume that you can deal with it on your own! To do so would be a grave mistake. If you are in any doubt at all you should seek legal advice regarding your lease.

Retail Leases Act
The Retail Leases Act 1994 (NSW) applies to leases which are considered to be “retail shop leases”. A retail shop is defined in the act to cover any shop which is in a shopping centre or any shop which is to be used for retail purposes. There are exceptions, for example, shops which are in excess of 1,000 square metres, leases in excess of 25 years, or offices which are not in a shopping centre. | read more...

Case Study: Assignment of Copyright

Recently the Federal Court handed down an interim decision for a case involving the classic Australian song, “Kookaburra sits in the Old Gum Tree”. The plaintiff, Larrikin Music Publishing Pty Ltd (“Larrikin”) has brought proceedings against the composers of the song “Down Under” and the owner and licensee of “Down Under” (“EMI”). Larrikin claims that the song “Down Under” was written using a substantial part of “Kookaburra”, and this infringes on their copyright.

The composers and EMI argued that Larrikin did not own copyright in the song. They argued that Ms Sinclair, the composer of “Kookaburra” had entered the song into a competition by the Girls Guides Association of Victoria. A condition of the competition was that all matter entered was to become the property of the Guide Association. | read more...

Involved in a Motor Vehicle Accident? Practical advice on dealing with the situation.

It is always frightening to be involved in a Motor Vehicle Accident. Regardless of how it happened, the situation does not call for you to lose your cool. Be calm, consider the circumstances, and attend to the situation.

Practical Steps
If you are involved in an accident, you should do the following (not necessarily in order): | read more...

  1. Check if the driver of the other vehicle is fine.
  2. Get the details of the driver and the owner of the other vehicle. Remember – the driver is not necessarily the owner! In addition to this, get details about the other driver’s licence number, the other vehicle’s registration, and if the other vehicle is insured.
  3. If the accident is serious, you must call police immediately.
  4. Otherwise, you should call the NSW Police Assistance Line – 131 444 – within 24 hours.

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Estate Planning – The Superannuation Situation

Superannuation is one of the matters that you have to take into account when doing your estate planning. For most people superannuation is an investment option that comes into maturity when you retire. However, what happens when that doesn’t happen? In the event that something unfortunate happens to them, most people assume that their superannuation will be dealt with by their Will. This is untrue.

Superannuation Death Benefit
The payment of a person’s superannuation entitlements upon their death is known as their superannuation death benefit. In addition to being partly determined by legislation, most superannuation funds have their own policy in regards to these matters and it is best to make enquiries with them if you are unsure. | read more...

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Power of Attorney - Information

A Power of Attorney is a powerful document that gives a nominated person (the Attorney) the authority to act on your behalf. In New South Wales, this power is limited to only make financial and property transactions on your behalf. This can be anything from operating your bank account to selling your house. The Attorney has to act on your behalf or act in your best interests.

There are a number of reasons why anyone would want to execute a Power of Attorney – however a common reason is that the person granting the authority (the Principal) is unable to be present or cannot participate in the transaction. Another is if the Principal is growing old, and they would like the Attorney to handle their matters for them.

Specific Powers | read more...

Phang Legal extends working week

Need a lawyer on the weekend?

With the increased demand for conveyancing services, especially with First Home Buyers, we will commence a trial of weekend operations to meet the needs of our clients.

From 1 August 2009, we will be extending our office hours to include Saturday mornings between 10am and 12pm (these times may vary depending on the response).

Professional legal services will be extended to areas other than conveyancing on a need basis and clients are encouraged to call ahead to ensure that the appropriate lawyer is available or scheduled to be in the office.

This trial will end on 31 October 2009.

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