Dispute Resolution

  • Kookaburra gets 5% of Down Under

    6 Jul 2010 Posted by Sandra McColl

    In February 2010, Justice Jacobs of the Federal Court held that the quotation of two out of four bars of the round ‘Kookaburra sits in the old gum tree’ in Men at Work’s song Down Under constituted the copying of a ‘substantial portion’ of Kookaburra and therefore an infringement of the copyright of its owner, Larrikin Music Publishing Pty Ltd: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd (No 2) [2010] FCA 29.

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  • Protection for Investors

    11 May 2010 Posted by Andrew Blogg

    In times of a rising share market and at the end of the financial year it is useful to be reminded of the protection afforded to investors by various provisions of the Corporations Act, in particular, Chapter 7 of the Corporations Act.

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  • Incorporated Associations access to information about members

    16 Mar 2010 Posted by Sandra McColl

    The Associations Incorporation Act 1981 (Vic) governs the incorporation of not-for-profit clubs and societies. Every association incorporated under that Act must have Rules, and the Act provides a list of matters for which rules must cover.  The Act also provides that an association or club may simply adopt the Model Rules prescribed in the regulations.

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  • Ignorance may not be bliss

    2 Feb 2010 Posted by Anton Dunhill

    A recent case in which we acted for a waste management company demonstrated that even when you think you are doing the right thing, that may not be the case.

    The waste management company had processes in place where it reported to the Council when trucks entered a waste site with overweight loads. Our client was at that stage unaware that there was a secondary requirement – VicRoads were to be notified when this occurred pursuant to the Road Safety Act – an oversight which gave rise to potential fines of around $1.6m.

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