Why register a trade mark? Trade marks distinguish your goods or services from those of other traders. When you register a trade mark you obtain exclusive use of the mark for your goods or services throughout Australia. A trade mark can also be integral to your marketing. Consider how closely the golden arches have become […]
BSP Lawyers recently acted for Bakers Arms Hotel Pty Ltd in a successful appeal to VCAT against the VCGLR’s earlier refusal of an application for additional gaming machines at the Braybrook Hotel. This decision highlights how important it is for applicants to consider problem gambling mitigation measures, particularly when making applications for additional gaming machines […]
Now more than ever, landlords need to be aware of recent amendments to the Insurance Contracts Act 1984 (Cth), to ensure their interests are adequately protected under their insurance policies or those taken out by their tenants. These amendments, which came into force in June 2013, include some key changes in relation to third party […]
Recent changes to the Liquor Control Reform Act (“the Act”) have considerably reduced the current defences available to licensees in relation to a drunk or disorderly patron present on their premises. Previously the Act required that a licensee ensure that drunken or disorderly persons were not on the licensed premises. However, if a licensee could […]
A recent decision of the Fair Work Commission (FWC) serves as a reminder that casuals are not excluded from making unfair dismissal claims. Provided they have been employed on a regular basis for 6 months (or 12 months for small business employers) and have a reasonable expectation of continuing employment, casuals can make unfair dismissal […]
The growing development of apartment complexes – large and small – in and around Melbourne’s CBD means that ‘off-the-plan’ sales are becoming more and more common with investors and occupiers alike. As a result, many investors and home buyers now need to consider whether purchasing an apartment off-the-plan (i.e. before the building has been constructed […]
Officers Can Be Held Personally Liable Recent changes to the Liquor Control Reform Act 2003 (Act) have increased the risk of a licensee’s “officers” being held personally responsible for offences committed by the licensee. The “officers” of a licensee include not only the directors and secretary but any person concerned in, or who takes part […]
There are 3 important matters relating to leases that are subject to the Retail Leases Act 2003 (Act) which landlords often overlook. These are as follows:- 1. Refusing Options to Renew It is important for a landlord to give its tenant written notice of any default on each and every occasion that the tenant defaults […]
In the recent VCAT decision of South Yarra Colonnade Pty Ltd v Designbuilt Industries Pty Ltd & Ors (Retail Tenancies) [2013] VCAT 266, a tenant of a retail shop sent a letter to its landlord advising the landlord that it intended to exercise its option. When the lease was subsequently terminated, the landlord argued the […]
