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Do I Need A Trade Mark?

This article talks about whether you should register a trade mark and why you may need one and the different types of marks. A trade mark is a right that is granted over a word, phrase, letter, number, sound, smell, shape, logo, picture or packaging…
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September 24, 2020
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Applying to Set Aside Default Judgment

If default judgment has been entered against you personally, or your company you should get immediate legal assistance from a lawyer who is experienced in litigation.  This article sets out the requirements that your lawyer must consider when applying to have default judgment set aside.…
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August 23, 2020
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Default Judgment – How to Make the Application

Default judgment is a step in the litigation process where the plaintiff applies to the Court for judgment if the defendant fails to take a step such as file a notice of intention to defend, a defense or appear in Court. This article is to…
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August 23, 2020
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Conditions vs Warranties in Contracts

CONDITIONS VS WARRANTIES There is sometimes confusion surrounding the differences between conditions and warranties.  In this case, rather than attempting to describe the differences myself, I prefer to turn to Jordan CJ’s summation in Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938) 38 SR…
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August 19, 2020
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Breach of Software Development Contract

Clients often ask "What do I do when someone breaches our contract?".   If you believe someone has breached your contract, you firstly need to be aware of exactly how it was breached and the level of breach that occurred.  This will allow you to determine…
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August 19, 2020
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Letter of Demand for Breach Of Contract

If the other party to your contract has breached the contract, you may consider sending a letter of demand.  Please note that a letter of demand is very different than a statutory letter of demand, which I will cover in another article. What is a…
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August 19, 2020
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The Trade Mark Registration Process In Australia

Trade mark registration is the most effective way to protect your brand - including your company's logos, slogans and product and services names. Registration provides you with the exclusive rights to that brand as well as providing your company protection from those who benefit from…
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August 19, 2020