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Recitals, also known as the ‘preamble’ or ‘details’ clauses (Recitals) are introductory statements at the start of a contract that provide context, background or reasons for the terms and conditions that follow.  They have been historically used by the Courts to aid in the interpretation of ambiguous terms and are capable of including essential provisions

From 26 March 2024, IP Australia has implemented the internationally recognised Madrid Goods and Services (Madrid List), replacing the AU Goods and Services Picklist.[1]  The adoption of the Madrid List comes as Intellectual Property Australia (IP Australia) seeks to align the Australian classification standards with the other intellectual property offices around the world.[2] Adopting the

The appointment of a provisional liquidator may be appropriate in shareholder disputes if there are genuine concerns that there is a risk a company’s assets will be dissipated, there are potential solvency concerns and all other alternatives have been exhausted.  The appointment of a provisional liquidator by a Court has been said to be ‘a

When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment.  Careful consideration should be given to the inclusion of clauses of this nature in standard form contracts, especially

In response to the Biden administrations Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States Patent and Trademark Office (USPTO) issued inventorship guidance for artificial intelligence (AI) assisted inventions.  These

Electronic discovery in the Federal Court of Australia (FCA) is nothing new.  From July 2014, the FCA began implementing the Court’s electronic court file (ECF) across its Australian registries.  This enabled the Court to embrace the use of technology in proceedings, including the use of electronic discovery, eLodgement, eTrials, eCourtroom, and video conferences. What just