Creative minds. Thought-provoking insights. Unique perspectives.

Knowledge

Our experienced lawyers share their unique perspectives on the latest market news and trends. Moulis Legal and our lawyers are highly ranked by respected peer review agencies Chambers & Partners, Who’s Who Legal and Best Lawyers. Our recognitions include consistent Band 1 recognition by Chambers & Partners Asia Pacific, and as one of Australia’s top 20 law firms (Chambers & Partners, 2015).

Levelling the playing field – enforcement of arbitral awards vs foreign court judgments

Achieving success in a formal legal dispute is only half the battle. Despite a resounding legal victory in a court or arbitration, a business may still lose the war if they are not able to enforce their hard won judgment or award against the defeated party. 

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How to take over the world… with your trade mark

Our clients are often surprised to learn that their registered Australian trade marks do not apply in other countries. However, like other forms of registered intellectual property rights, it’s true – trade marks are only registered on a per country basis.

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Proving your cross-border claim – how to collect evidence abroad

Evidence is crucial to success in any dispute, but there can be many hurdles in identifying and collecting the evidence which is necessary to prove a claim. The challenges in this process are compounded in cross-border disputes as key evidence can be located outside of where the proceedings are taking place or can even be located across multiple borders.

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Property sale and leaseback – have your cake and eat it too

Property sale and leaseback, if structured and implemented properly, offers commercial benefits to seller/tenants and buyer/landlords alike. Sellers can release value while retaining use and possession of property. Buyers can secure a long-term and consistent income stream with the upside of property appreciation and future development options.

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Cross-border dispute management for business

Over half of Australian businesses are doing business overseas through trade, investment and cross-border transactions. The world has become much smaller and closer, and Australian businesses are now fully integrated as part of the greater Asian market. 

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Petroleum Contract Series – striking a balance in branding agreements

Australia has approximately 6,500 retail service stations, with the majority branded as one of the major oil companies, such as BP, Caltex, Mobil or Shell. However, a relatively small number of sites are actually owned or operated by these major companies. 

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A warning for SMEs – the “effects test” will apply to your market power too

In what is the biggest shake up of competition law in Australia for many years, the Australian Government has announced that it will amend the legal test to determine whether a business has misused its market power. If the proposed changes are passed, the scope of activities constituting a misuse of market power will be significantly broadened. 

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Iran back in vogue

Australia’s exports to the Islamic Republic of Iran were, at one time, valued at over AUD 1 billion and covered a range of industrial and consumer goods and services. After years of nuclear based sanctions, Australia’s total trade and investment with Iran is valued at less than AUD 300 million and is limited to wheat and related products. 

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Canberra’s mixed use development laws – uncool in the capital

Canberra’s ambition to be the “coolest little capital” depends on bringing variety and vibrancy into its urban environments. Mixed use developments are on the up. Residential owners are being injected into adaptively re-used commercial precincts, and vice versa. 

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Petroleum Contract Series – carrying too much liability under carrier agreements

Australia’s downstream petroleum industry is continuing its evolution into a complex commercial environment that combines sophisticated multinationals, emerging national fuel businesses and local goods and service providers. 

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