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  • Article

    Civil Liability: A Hotelier’s Duty Of Care: Am I My Brother’s (Inn) Keeper?

    A recent decision of the High Court of Australia, CAL No 14 Pty Ltd (Tandara Motor Inn) v Motor Accidents Insurance Board (Scott) (2009) HCA 47, has attracted national attention in relation to the duty of a hotelier to monitor and minimise the service of alcohol to customers.
    AustraliaLitigation, Mediation & Arbitration
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Civil Liability: Duty Of Care And Causation: Restaurant Not Negligent For Double Shooting

    In Adeels Palace Pty Ltd v Moubarak & Najem (2009) HCA 48 the High Court of Australia considered the issue of a restaurant’s duty of care to patrons who suffer harm at the hands of a third party, both at common law and also in the context of the statutory requirements under the Liquor Act and the Civil Liability Act in New South Wales.
    AustraliaLitigation, Mediation & Arbitration
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Protecting Confidential Information: Are You Giving Away Your Trade Secrets?

    Trade secrets, whether technical information, like designs or a formula, or commercial, like customer lists or business procedures, can be valuable assets, perhaps the most valuable assets, of a business.
    GlobalIntellectual Property
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Arbitration Clauses

    In today’s current economic climate, parties are increasingly turning away from the courts to resolve contractual disputes, in favour of alternative dispute resolution procedures such as arbitration.
    AustraliaLitigation, Mediation & Arbitration
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Franchising Renewals – Can You Guarantee Them?

    Rule No. 1 for any prospective franchisee entering into a franchise system is to speak with as many existing franchisees within the system as possible.
    AustraliaCorporate/Commercial Law
    Donaldson Walsh
    Donaldson Walsh
  • Article

    The Buzz Surrounding Bamford

    By its decision in Bamford, the Full Federal Court ("FFC") has (subject to reversal by the High Court or legislative change) confirmed the following in respect of trust deeds and discretionary trust distributions.
    AustraliaTax
    Donaldson Walsh
    Donaldson Walsh
  • Article

    South Australia: The State With The Highest Business Taxes: Is Tax Reform Likely, Or Just A Shift Of The Deck Chairs?

    The Institute of Public Affairs has published its State Business Tax Calculator as at 31 December 2009 entitled "Bearing the Burden 2009: The Size and Impact of State Government Business Taxes".
    AustraliaTax
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Notaries Public Who Are They And What Do They Do?

    People are often perplexed when for some reason, usually a transaction in a foreign country, they are obliged to seek the services of a notary public. What is a notary public? Is this the same as a public notary? Who are these people?!
    AustraliaLitigation, Mediation & Arbitration
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Is Your Domain Name Protected?

    In today’s modern technological age consumers are constantly turning to the Internet to purchase (and obtain information on) a large array of goods and services; from on line shopping (such as grocery and e-bay), to on-line financial services (banking and insurance), and much more.
    AustraliaMedia, Telecoms, IT, Entertainment
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Wine Labels - Regulatory Requirements For Domestic And Export Markets

    A wine label is an important part of the packaging, and an attractive label can be a help in winning sales. But, as well as appearance, there are regulatory considerations.
    AustraliaConsumer Protection
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Interpretation Of Contract Documents: The Search For Meaning

    Most contracts are in writing, whether a formal deed or agreement, or a less formal memorandum or heads of agreement, or correspondence.
    AustraliaCorporate/Commercial Law
    Donaldson Walsh
    Donaldson Walsh

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