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Australia: When is a penalty clause not a penalty clause? - Clayton Utz

The High Court case held that a clause can be a penalty clause even if it is not triggered by a breach of the contract.

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Found more than 1 month ago on channel Mondaq

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Australia: Queensland Land Court: Key forum for mining and petroleum - Clayton Utz

We take a look at the role of the Queensland Land Court as a key decision-making forum.        

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Found 1 month ago on channel Mondaq

Australia: Making advertising comply with the Australian Consumer Law: Court finds answers in TPG's fine print - Clayton Utz

The overall impact of an advertisement and not its dominant message must be considered when determining if it is misleading.        

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Found 1 month ago on channel Mondaq

Australia: When opportunity knocks, don't let a contingent reasonable endeavour obligation contract clause stop you answering - Clayton Utz

Western Australia's Court of Appeal recently had cause to consider the effect of a reasonable endeavour obligation.        

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Found 1 month ago on channel Mondaq

Australia: The Schütz v Werit patent case - a win for spare parts manufacturers or a case on its facts? - Clayton Utz

The UK Supreme Court has ruled on important question of patent infringement.

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Found 1 month ago on channel Mondaq

Australia: Lost in translation: When is a foreign word mark inherently adapted to distinguish goods under the Trade Marks Act? - Clayton Utz

This article considers a recent case concerning trade marks in the Federal Court.

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Found more than 1 month ago on channel Mondaq