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).

Stepping into a quagmire – environmental liability in cross-border contracts

Businesses engaged in cross-border transactions and investments are often exposed to unanticipated liability under the laws and regulations of foreign countries. Businesses that have an incomplete understanding of the laws and regulations of the jurisdictions where they operate can be subject to unnecessary legal, reputational and financial risks that often have damaging consequences. 

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Penfolds raises a glass in China

In a landmark trade mark ruling from the Beijing High People’s Court, Treasury Wine Estates (“TWE”), the owner of the ‘Penfolds’ wine brand, has successfully challenged the registration of the lucrative ‘Ben Fu’ trade mark which had been registered by a well-known ‘trade mark squatter’ in China. 

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Canberra planning laws are bad news for Airbnb

The Supreme Court of Victoria has held that an Airbnb arrangement is a lease. On that basis the activity of the tenants in letting out their apartment was found to be in breach of a prohibition in their lease against subletting. 

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Nuclear waste debate re-emerges in Australia

Australia has long debated the notion that it could be a significant repository for the warehousing and containment of the world’s nuclear waste. That possibility has re-emerged, with the State Government of South Australia again considering a proposal to build a nuclear waste disposal facility in its remote desert environs.

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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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