COMPREHENSIVE LEGAL COVERAGE

We provide advice on commercial agreements and business transactions in the United Kingdom and other countries overseas, including on:

     • Distribution Agreements

     • Procurement Contracts

     • Service Agreements

     • Terms and Conditions of Trade

     • Licensing law

     • Intellectual Property law

     • Competition law

     • Litigation

COMPREHENSIVE LEGAL COVERAGE

MLB acts for insolvency practitioners, corporations, individuals and advises on all aspects of corporate and personal insolvency, including:

     • Recovery of debts owed by companies

     • Drafting or setting aside Creditor's Statutory Demands

     • Filing or opposing applications to wind up companies

     • Voluntary administration and liquidation of company advice

     • Securing company or individual assets to recover debt payments

     • Insolvency litigation including prosecution or opposing claims

     • Advising and drafting Deeds of Company Arrangement

COMPREHENSIVE LEGAL COVERAGE

MLB has extensive experience in acting for franchisees and franchisors and assist clients in:

     • Development of franchise systems;

     • Preparation of franchise documentation

     • Advice on franchise systems to franchisors/franchisees

     • Advice on trade practices compliance

     • Copyright, designs, trademarks and patent

     • Leasing and Licensing Agreements

     • Dispute resolution and litigation

The Fair Work Amendment Act 2012 (Cth) makes changes to the Fair Work Act 2009 (Cth) effective from 1 January 2013. Fair Work Australia is now called the Fair Work Commission (“the Commission”). The Commission is granted further powers. There are also changes regarding unfair dismissals, general protections and enterprise agreements.

Employees who have been unfairly dismissed on or after 1 January 2013 will have 21 days from the date of dismissal to lodge either an unfair dismissal or a general protections application arising from termination.

The Commission has the power to dismiss unfair dismissal applications and make cost orders against parties, lawyers and paid agents in unfair dismissal cases, in cases where one party acted unreasonably or failed to act reasonably.

The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was passed on 29 November 2012 and will significantly change Australian privacy law.

From March 2014, both public and private businesses must comply with the changes which include personal information may not be used for direct marketing unless certain requirements are satisfied.

Companies need to be aware of the penalties for noncompliance, including civil penalties of up to $220,000 for individuals and $1.1 million for companies in the case of a serious or repeated interference with the privacy of an individual.

All businesses should review their privacy procedures to ensure compliance.

In the personal injury case of Mansi v O'Connor & Ors [2012] QSC 374 the Plaintiff was ordered to pay the Defendants’ costs from a specified date despite having succeeded in obtaining judgment against the Defendant for the sum of $93,757.51.

The defendant made a Calderbank offer to the plaintiff a week before trial to pay the plaintiff the sum of $400,000 plus costs. The court held that it was unreasonable for the plaintiff to reject the offer and on this basis ordered that the plaintiff pay all of the defendants’ costs on an indemnity basis from the date the offer was made. The case emphasises the importance of assessing the risks of rejecting an offer of settlement and to take genuine steps to resolve disputes before a case proceeds to trial.