Category: Litigation

Business interruption insurance. Are you covered?

The Covid-19 restrictions have had devastating effects on many businesses across Australia. Businesses may turn to their business interruption insurance to consider whether they are covered against the interruption caused by Covid-19. Like any claim…

2021 – Who will soar and who will stumble?

The challenges of 2020 have been experienced by us all – as individuals, as businesses and as a community. We did not face the same challenges, but it would be difficult to find anyone who…

More time for financially stressed individuals and companies

The Federal Government will extend the temporary relief measures for financially distressed individuals and businesses to 31 December 2020. The measures include: 1. The period within which a statutory demand must be complied is extended…

Running a hearing during COVID-19

When COVID-19 hit, no one was immune, and courts and tribunals across Australia had to pause, assess, and implement change. In Victoria, most almost immediately closed the doors to in-person hearings and shifted all court…

The importance of ensuring that your marketing does not breach consumer protection legislation

In 2017 GlaxoSmithKline and Novartis were accused by the Australian Competition and Consumer Commission of misleading consumers for over 5 years. The two companies admitted that “Osteo Gel” was marketed as being more effective in…

How to respond to a data breach notification

Under the Australian Privacy Act and the Notifiable Data Breach (NDB) scheme, organisations which store your personal information and experience a notifiable data breach, must inform you of that breach, as well as the Privacy…

COVID-19 – A force (majeure) to be reckoned with

The effects of the coronavirus have disrupted almost every aspect of our daily lives, but is COVID-19 a reason not to comply with your contractual obligations? The answer may come down to whether your contract…

Bega Cheese wins legal battle over peanut butter packaging

Australian food company Bega has triumphed over its US competitor Kraft, in a long-running legal battle over the right to use the distinctive peanut butter jar shape and iconic yellow lid that Australians all know…

Privacy Awareness Week is just around the corner

Kalus Kenny Intelex is a proud supporter of this year’s Privacy Awareness Week (PAW). PAW is an important initiative run every year by the Office of the Australian Information Commissioner, aimed at raising awareness of…

CERPO Act – Insolvency relief and room to breathe

The new Coronavirus Economic Response Package Omnibus Act 2020 (Cth) (CERPO Act) provides support to businesses and individuals suffering financial distress for at least 6 months from 25 March 2020. Relief has been given to…

Holy Guacamole! Did they just use my company’s brand?

US giant Taco Bell has finally secured the right to use its brand in Australia after negotiating a settlement with local Australian restaurant, Taco Bill. This settlement will bring an end to a legal battle…

120 years of contract law overturned by High Court of Australia

Having acted for the builder in the case of Mann v Paterson Constructions, Jonathan Kenny and Peter Lettieri discuss the High Court of Australia judgment which has overturned 120 years of contract law and has…