Knowledge

Mergers and acquisitions play an important role in the economy, allowing companies to take advantage of synergies to achieve business efficiency, build expertise and services, and diversify risk. At the same time, consumers benefit from maintaining and encouraging healthy competition between businesses selling goods and services to ensure that prices remain affordable.

Australian persons – whether corporate or individual – and Australian government agencies will soon have to shoulder new responsibilities for a data breach occurring anywhere in the world. On 13 February the Government passed new laws said to constitute “some of the most stringent disclosure laws in the world”.¹

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. 

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. 

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. 

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.

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. 

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.

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.

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.