Garnishee orders remain one of the most effective and immediate enforcement tools available to judgement creditors, as we discussed last month. By enabling funds owed to a debtor – whether held in a bank account or payable by a third party – to be intercepted directly, they can provide a swift, tangible pathway to recovery [...]
If you’ve ever been involved in a legal dispute, you’ve probably seen the words “without prejudice” stamped across a document, letter or email. But what does it actually mean? In simple terms, “without prejudice” protects settlement discussions from being used against you in court. It creates a safe space for negotiation, so you can make [...]
Wherever business is conducted, commercial disputes are inevitable. With many businesses operating globally, arbitration can occur in offshore jurisdictions – and this can be enforced in Australia. Last month’s blog examined the benefits of arbitration as an alternative dispute resolution tool, and the advantages it offers over more traditional mechanisms such as conciliation and mediation; [...]
IP (Intellectual property) rights can be a business’ most valuable asset. For example, Forbes magazine reported that while Disney’s 2013 hit Frozen grossed US$1.3 billion at the box office, the licensing of the IP rights accumulated US$107.2 billion in retail sales. Lucasfilm’s astute decision to retain IP licensing rights for consumer products for the first [...]