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Suppliers outside New South Wales New South Wales has introduced a new law that requires suppliers, before they supply goods or services, to take reasonable steps to ensure that the consumer is aware of the substance and effect of any term or condition relating to the supply that may substantially prejudice the interests of the consumer (consumer disclosure rules). “Consumer”…
This question was answered “no” in the case of Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA 1807but the answer may be different in other circumstances. The facts Lumen supplied Frontline with electronic automotive components for inclusion in towbar kits that were supplied by Frontline to Mitsubishi and Mazda. Frontline, for profit reasons, decided to replace these…
Having practised for 30 years, I know that there are certain misconceptions about drafting commercial agreements: All that a lawyer does to produce an agreement is just take a precedent off the shelf and insert the names and addresses of the parties. In the area of intellectual property (“IP”) agreements, it couldn’t be further from the truth. Apart from a…
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