Generated by Rank Math SEO, this is an llms.txt file designed to help LLMs better understand and index this website. # Williams + Hughes: Williams + Hughes is an independent Australian law firm specialising in commercial law, commercial litigation and dispute resolution, and intellectual property advice registrations and enforcement. Established more than 30 years ago, Williams + Hughes has earned a reputation for providing commercially astute and cost-effective legal advice, attracting a wide range of quality work from the resources sector and beyond. Our clients include high net worth individuals, small to large businesses, private companies, ASX listed companies and multi-national groups. ## Sitemaps [XML Sitemap](https://www.whlaw.com.au/sitemap_index.xml): Includes all crawlable and indexable pages. ## Pages - [Thanks](https://www.whlaw.com.au/thanks/): Thanks for subscribing to our newsletter! - [Making a Payment](https://www.whlaw.com.au/making-payment/): You can now pay your invoice through our secure Westpac online payment gateway. - [Terms & Conditions](https://www.whlaw.com.au/terms-and-conditions/): By using the Williams + Hughes (we, us, our) website, you are deemed to accept and agree to be bound to the following Terms of Use.  - [Privacy Policy](https://www.whlaw.com.au/privacy-policy/): Williams + Hughes (we, our, us) respect your privacy. This Privacy Policy details how we generally collect, hold, use and disclose your  “personal information” and your rights in relation to the personal information that we hold about you.  - [Memberships](https://www.whlaw.com.au/memberships/): Williams + Hughes are proud to be members of the following organisations: - [Community and Pro Bono](https://www.whlaw.com.au/community-and-pro-bono/): At Williams + Hughes, we pride ourselves on conducting our business in a way that exhibits honesty, transparency, high ethics and mutual respect. - [Our Profile](https://www.whlaw.com.au/our-profile/): Williams + Hughes is an independent Western Australian law firm specialising in business and commercial law and commercial litigation and dispute resolution, with a strong focus on company advice, M&A deals, mining and resources, software and IP, insolvency, construction and property matters. We act for stock exchange-listed and private companies, businesses and private individuals located across Australia and overseas.  - [Areas of expertise](https://www.whlaw.com.au/areas-of-expertise/): Williams + Hughes  are legal experts that specialise in commercial law services through three practice groups designed to provide comprehensive legal services in commercial matters; - [Careers](https://www.whlaw.com.au/careers/): We're always looking for great poeple to join the team! - [Contact Us](https://www.whlaw.com.au/contact-us/): Ground Floor,25 Richardson StreetWest PerthWestern Australia 6005 - [About Us](https://www.whlaw.com.au/about-us/): Content to be added... - [News and Insights](https://www.whlaw.com.au/blog/): News and Insights From Williams + Hughes Insights from Williams + Hughes - [Meritas](https://www.whlaw.com.au/meritas/): Williams + Hughes is the exclusive Western Australian member firm of the Meritas global legal network, the world’s largest Tier 1 international alliance of independent law firms. - [Our People](https://www.whlaw.com.au/team/): The Williams + Hughes Team FILTER OUR TEAM View All Principals Counsel Senior Associates Associate Solicitors Paralegals Law Graduates Conveyancing Clerk - [Industry Expertise](https://www.whlaw.com.au/industry-expertise/): We are a full service commercial law firm and advise across a wide range of industries. - [Home](https://www.whlaw.com.au/): Williams + Hughes is a pre-eminent boutique Western Australian law firm, delivering outstanding legal services and results in commercial and litigation law, dispute resolution for private businesses, public companies, and individuals. ## Elements ## Areas Of Expertise - [Litigation & Dispute Resolution Lawyers](https://www.whlaw.com.au/areas-of-expertise/litigation-dispute-resolution-lawyers-perth/): "Williams + Hughes has a long held reputation as having trusted expert litigation and dispute resolution lawyers in Perth." - [Commercial Law & Contracts](https://www.whlaw.com.au/areas-of-expertise/commercial-law-and-contracts/): "Our range of commercial litigation expertise and experience, ready access to senior lawyers and our responsiveness, makes us top choice commercial litigation lawyers in Western Australia" - [IT, Software, and Intellectual Property Lawyers](https://www.whlaw.com.au/areas-of-expertise/intellectual-property-lawyers/): "Our intellectual property lawyers are experts in the law relating to intellectual property, information technology, software and NFT assets." - [Not for Profit, Charity and DGR’s](https://www.whlaw.com.au/areas-of-expertise/not-for-profit-charity-and-dgrs/): At Williams + Hughes we have more than 30 years’ experience advising a range of charities and not-for-profit organisations. Many of our Principals have experience as Board members of charities. We understand the distinct commercial and legislative requirements of this sector and are well placed to deliver advice on practical solutions for  charitable and not for profit organisations. - [Probates Wills and Estates](https://www.whlaw.com.au/areas-of-expertise/probates-wills-and-estates/): The assistance that we are able to provide our clients, whether businesses or individuals, in this area includes the preparation of contracts for the purchase or sale of land, advice on proposed contracts, help with the drawing up of leases and advice in connection with land transfers, development agreements and all forms of leases. - [Property & Leasing](https://www.whlaw.com.au/areas-of-expertise/property-leasing/): The assistance that we are able to provide our clients, whether businesses or individuals, in this area includes the preparation of contracts for the purchase or sale of land, advice on proposed contracts, help with the drawing up of leases and advice in connection with land transfers, development agreements and all forms of leases. ## Expertise - [Wills, Probate and Bequests to Charities](https://www.whlaw.com.au/expertise/wills-probate-and-bequests-to-charities/): At Williams + Hughes we have more than 30 years’ experience advising a range of charities and not-for-profit organisations. Many of our Principals have experience as Board members of charities. We understand the distinct commercial and legislative requirements of this sector and are well placed to deliver advice on practical solutions for  charitable and not for profit organisations.  - [Establishing Foundations, Charities and DGR’s](https://www.whlaw.com.au/expertise/establishing-foundations-charities-and-dgrs/): At Williams + Hughes we have more than 35 years’ experience advising a range of charities and not-for-profit organisations. Many of our Principals have experience as Board members of charities. We understand the distinct commercial and legislative requirements of this sector and are well placed to deliver advice on practical solutions for  charitable and not for profit organisations.  - [Advising Foundations, Charities and NFP’s](https://www.whlaw.com.au/expertise/advising-foundations-charities-and-nfps/): At Williams + Hughes we have more than 30 years’ experience advising a range of charities and not-for-profit organisations. Many of our Principals have experience as Board members of charities. We understand the distinct commercial and legislative requirements of this sector and are well placed to deliver advice on practical solutions for  charitable and not for profit organisations.  - [Commercialisation Advice – IP & IT](https://www.whlaw.com.au/expertise/commercialisation-advice-ip-it/): We have experience and expertise in the full range of commercialisation services. We advise clients on the commercialisation of their IP and IT, helping to ensure they are able to maximise the return and minimise the risks involved. - [Copyright](https://www.whlaw.com.au/expertise/copyright/): Our lawyers have experience in protecting copyright in Australia and overseas for our clients. We work with designers, writers, musicians, artists and content creators, from individuals and sole traders to medium and large organisations. - [IP Portfolio Management, Strategies & Audits](https://www.whlaw.com.au/expertise/ip-portfolio-management-strategies-audits/): Our lawyers have experience in identifying, registering and enforcing IP rights in Australia and overseas for our clients. We work with emerging, medium and large organisations and businesses to help them identify, protect and enforce their intellectual property rights. - [Mergers & Acquisitions – IP & IT](https://www.whlaw.com.au/expertise/mergers-acquisitions-ip-it/): We have expertise in negotiating and managing intellectual property issues as part of corporate acquisitions, joint ventures or financing arrangements. This includes: - [IT Contracts & Procurement](https://www.whlaw.com.au/expertise/it-contracts-procurement/): A key issue in IT procurement is the complicated, technical nature of the contracts and documentation required. Working with lawyers who do not have a good understanding of the technology, terminology and jargon can be a frustrating and potentially risky process. - [Software Licensing, Support & Maintenance](https://www.whlaw.com.au/expertise/software-licensing-support-maintenance/): Developers creating software and apps for clients and customers should have a software licence agreement. While there are many standard agreements available, a bespoke agreement, tailored to your app or software, goes much further in protecting you and your business. An effective software licence will prevent customers from copying your software, allow you to disclaim warranties and, importantly, limit your liabilities and exposure. - [IP Contracts](https://www.whlaw.com.au/expertise/ip-contracts/): Our expertise in IP contracts includes: - [Trade Mark & Branding Registration, Strategy & Enforcement](https://www.whlaw.com.au/expertise/trade-mark-branding-registration-strategy-enforcement/): Our lawyers advise Australian and international businesses on trade mark and branding strategies and protection, locally and internationally.  - [Employment Law and Service Contracts](https://www.whlaw.com.au/expertise/employment-law-and-service-contracts/): We advise employers, employees and contractors on all aspects of employment law. Our experience means we deliver legal advice that is commercially astute and pragmatic. - [Residential Property & Settlements](https://www.whlaw.com.au/expertise/residential-property-settlements/): Our property lawyers and paralegals are well experienced in all legal aspects of buying or selling residential property in Western Australia. We act for both buyers and sellers in hundreds of transactions per year. - [Commercial Property Sales, Leasing and Contaminated Sites](https://www.whlaw.com.au/expertise/commercial-property-sales-leasing-and-contaminated-sites/): We act for many property developers and advise across the range of issues involved in sourcing, developing and selling commercial, residential and mixed use property developments. - [Project, Group & Debt Finance](https://www.whlaw.com.au/expertise/project-group-debt-finance/): The commercial team at Williams + Hughes regularly acts for borrowers in single lender and syndicated finance facilities.  - [Construction Contracts & Subcontracts](https://www.whlaw.com.au/expertise/construction-contracts-subcontracts/): We advise principals, developers, contractors, sub-contractors, project managers and consultants on all aspects of commercial construction contracts. We have extensive experience in preparing the full suite of documents relating to construction projects. - [Wills, Estates & Probate](https://www.whlaw.com.au/expertise/wills-estates-probate/): Our lawyers have extensive experience in reviewing and drafting wills, applications for probate, powers of attorney, powers of guardianship, inheritance claims and letters of administration. We have particular experience in handling complex matters for private clients including complicated probate applications. We regularly assist executors in the administration and winding up of deceased estates.  - [Succession & Estate Planning, Trusts & Asset Protection](https://www.whlaw.com.au/expertise/succession-estate-planning-trusts-asset-protection/): Effective estate planning will ensure your assets, including property, trusts, investments and more, are provided to the intended beneficiaries. This reduces the chance of conflict between beneficiaries and protects the estate assets from claims by unintended recipients. - [Agribusiness, Aquaculture & Farming](https://www.whlaw.com.au/expertise/agribusiness-aquaculture-farming/): We have significant experience acting for agribusiness owners, including commercial fishing companies, wineries, piggeries, abattoirs, abalone farmers, broadacre farmers and agricultural suppliers.  - [Mergers & Acquisitions](https://www.whlaw.com.au/expertise/mergers-acquisitions/): At Williams + Hughes we advise on all aspects of buy and sell agreements, in both private and public spheres. Our lawyers adopt a strategic approach to mergers and acquisitions, working closely with our clients and their advisors to ensure the best commercial outcomes.  - [Mining, Exploration & Mining Services](https://www.whlaw.com.au/expertise/mining-resources-energy-and-mining-services/): We have significant experience providing the full spectrum of advice required in relation to major resources, exploration and mining projects. We have advised in relation to many projects in the Goldfields, Pilbara and Mid West and overseas, particularly in relation to acquisitions and divestments, joint ventures, farm-ins, plant and equipment hire and supply, contract mining, mining services and underground and directional drilling. - [Corporate Advice, Business Services & Commercial Contracts](https://www.whlaw.com.au/expertise/corporate-advice-business-services-commercial-contracts/): We provide the full suite of corporate and commercial legal advice to businesses in Australia and overseas. Our experience means we deliver legal advice that is commercially astute. Whether reviewing procurement contracts, negotiating business agreements or planning commercial strategies with our clients, our lawyers deliver legal expertise with commercial acumen. - [Intellectual Property & Trade Mark Disputes](https://www.whlaw.com.au/expertise/intellectual-property-trademarks-and-domain-names/): Increasingly IP and trade marks represent key business assets. It is vital to protect these assets and the value they represent. Our lawyers advise Australian and international businesses on litigation and dispute resolution strategies for enforcing rights or defending claims of infringement made by another business. With experience across a range of industries and all IP and related rights regimes our lawyers can advise on disputes in competition law, copyright, trade marks, plant breeding rights and more. - [Franchising Disputes](https://www.whlaw.com.au/expertise/franchising-disputes/): Williams + Hughes has acted for both franchisors and franchisees in franchise disputes, including disputes concerning performance of the franchise agreement, non-solicitation and restraint of trade of former franchisees, and claims relating to competition by the franchisor or other franchisees. - [Employment Lawyers](https://www.whlaw.com.au/expertise/employment-lawyers/): We act as employment lawyers for employers, employees and subcontractors in disputes about entitlements, workplace injuries, occupational health and safety, breach of confidential information and diversion of business opportunities by employees. - [Regulatory Investigations](https://www.whlaw.com.au/expertise/regulatory-investigations/): The Williams + Hughes litigation team has acted for multiple clients in: - [Trade Practices & Australian Consumer Law](https://www.whlaw.com.au/expertise/trade-practices-australian-consumer-law/): Williams + Hughes has acted for various businesses and individuals in trade practices claims under the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (formerly, Trade Practices Act 1974), under the Sale of Goods Act 1895, and for misrepresentation at common law and in equity. - [Professional Negligence](https://www.whlaw.com.au/expertise/professional-negligence/): Professial service advisors claim to have specialist expertise, and are often placed in positions of trust making their clients especially vulnerable.  The outcome for their clients can be catastrophic if the professional advisor fails to exercise the required level of care and diligence or uses their trusted position to gain a benefit for themselves or to cause detriment to their clients.   Typical examples of where Williams + Hughes can assist are: - [Property & Leasing Disputes](https://www.whlaw.com.au/expertise/property-leasing-disputes/): Williams + Hughes has a strong Western Australian property disputes practice.  The team acts in the various State courts and the State Administrative Tribunal, and has particular experience: - [Contested Wills & Estate Litigation](https://www.whlaw.com.au/expertise/contested-wills-estate-litigation/): Williams + Hughes provides a complete and integrated service from succession and Estate planning, to the preparation of Wills and associated documents such as testamentary trusts and powers of attorney and guardianship, through to dispute resolution services. - [Agriculture Law, Aquaculture & Farming Litigation](https://www.whlaw.com.au/expertise/agriculture-law-aquaculture-farming/): We are experts in agriculture Law, aquaculture, and farming litigation. Various members of our team have ties to Western Australia’s agriculture and fishing industries in the Kimberley, Mid-West, Wheatbelt, and Great Southern.  We act for broad-acre farmers, industrial livestock producers, abattoirs, rendering and seafood businesses (commercial fishing, abalone and rock lobster), vignerons, and investors in agricultural managed investment schemes in Western Australia and interstate. - [Mining, Exploration & Mining Services](https://www.whlaw.com.au/expertise/mining-exploration-mining-services/): Western Australia is the centre of Australia’s mining industry, WA's mining and petroleum industries account for more than 90% of the State’s export income and more than 40% of Australia’s total export income.  - [Construction Disputes & Litigation](https://www.whlaw.com.au/expertise/construction-disputes-litigation/): We advise contractors, sub-contractors and principals in large construction project disputes relating to: - [Insolvency](https://www.whlaw.com.au/expertise/insolvency/): We have a broad range of specialist experience acting for various stakeholders within an insolvency context.  We act and have acted for parties in some of Western Australia’s larger or more complex corporate collapses and personal insolvencies, such as Westgem Investments, Bond Corp, the Westpoint group of companies, Diploma Constructions, Global Finance, and the Kevin Pollock bankruptcy. - [Civil Litigation & Trusts Disputes](https://www.whlaw.com.au/expertise/civil-litigation-trusts-disputes/): Our team have proven experience across a wide range of general civil disputes.  We focus on pragmatic advice and early resolution (where possible).  As experienced commercial litigators we have great success resolving disputes for clients without the expense and delay of a trial. We are accustomed to acting: - [Corporate & Business Litigation](https://www.whlaw.com.au/expertise/corporate-business-litigation/): We provide strategic advice and court representation to Boards, individual directors, and shareholders in relation to Corporations Act and general business matters such as: ## Industry - [Energy & Resources](https://www.whlaw.com.au/industry/energy-resources/): Advising on the full spectrum of energy and resource law, particularly in relation to exploring for and mining precious and base metals and mineral sands - [Construction & Construction Services](https://www.whlaw.com.au/industry/construction-construction-services/): Our construction law experience includes design, construct and EPC contracts, plant fabrication, construction disputes, tendering and head contract/subcontract negotiations and major project contract packages - [Chemicals & Industrials](https://www.whlaw.com.au/industry/chemicals-industrials/): Industrial relations particularly in feedstock supply, dangerous goods issues, spills, environmental laws, regulatory prosecutions, contracts regarding plants and pipelines, mergers and acquisitions - [Liquids Pipelines, Terminals & Tanks](https://www.whlaw.com.au/industry/liquids-pipelines-terminals-tanks/): Particularly construction and operation, including terminal services agreements, commingling issues, advice in relation to pipelines, gantries, easements, etc - [Transport & Logistics](https://www.whlaw.com.au/industry/transport-logistics/): Our transport and logistics law is particularly in preparing freight agreements/T&C’s, tendering, resolving disputes - [Agribusiness, Aquaculture & Farming](https://www.whlaw.com.au/industry/agribusiness-aquaculture-farming/): Particularly broadacre farming, industrial livestock production, abattoirs, rendering and the seafood business (commercial fishing, abalone and rock lobster) and sale/purchase of agricultural property - [Wine & Viticulture](https://www.whlaw.com.au/industry/wine-viticulture/): Wine and viticulture consultants particularly with buying and selling vineyards and operating wineries - [Software and IT](https://www.whlaw.com.au/industry/software-and-it/): Software and IT procurement, license, reseller and distribution agreements (including SaaS, EUSLA and cloud agreements), e-commerce and M&A transactions - [Retail & Consumer Goods](https://www.whlaw.com.au/industry/retail-consumer-goods/): Retail lawyers with expertise particularly in terms and conditions of sale, credit agreements, retail shop leases, landlord/tenant disputes, domestic and international warranties/product liability - [Commercial Property](https://www.whlaw.com.au/industry/commercial-property/): Particularly commercial, office and industrial leasing, property developments, lease disputes and sale/purchase of commercial property - [Conveyancing & Residential Property](https://www.whlaw.com.au/industry/conveyancing-residential-property/): Our property and conveyancing lawyers and paralegals are well experienced in all legal aspects of buying or selling residential property in Western Australia. ## Team - [Digby Robinson](https://www.whlaw.com.au/team/digby-robinson/): Digby practices in the area of litigation and dispute resolution. He appears regularly in the superior Courts, including as trial Counsel, and consistently over the last decade been rated by clients and peers as a leading dispute resolution lawyer. - [Tully Carmady](https://www.whlaw.com.au/team/tully-carmady/): Tully is a specialist commercial litigator with more than 20 years’ experience. He practices almost exclusively in the Supreme and Federal Courts and has been involved, both as counsel and as instructing solicitor, in many trials and interlocutory hearings, including applications for interlocutory injunctions. - [Damian Quail](https://www.whlaw.com.au/team/damian-quail/): Damian is a Director and Principal of Williams + Hughes. He has practiced as a lawyer for over 28 years in the commercial, resources, agribusiness, software and technology fields. He has managed many large deals, including major investments, farm-ins and JV’s, asset and share sale deals, capital raising transactions and construction matters. - [Dominique Engelter](https://www.whlaw.com.au/team/dominique-engelter/): Dominique specialises in complex dispute resolution in the Western Australian jurisdiction, focused predominantly in the Supreme Court.  - [Amy Knight](https://www.whlaw.com.au/team/amy-knight/): Amy practices in general commercial and corporate law with a focus on property, business and share acquisitions and disposals. - [Paul Donovan](https://www.whlaw.com.au/team/paul-donovan-2/): Paul was admitted to practise as a lawyer in 1982. Paul was one of the founding partners of McCallum Donovan Sweeney and a Director of MDS Legal until its merger with Williams + Hughes in November 2025. - [Chris Osborn](https://www.whlaw.com.au/team/chris-osborn/): Chris qualified as a lawyer in 1979 and joined the firm in 2003. He has practiced law and is qualified as a lawyer in Western Australia, Hong Kong and England and is also qualified as a lawyer in the USA. - [Greg Mohen](https://www.whlaw.com.au/team/greg-mohen/): Greg has over 40 years’ expertise in a range of commercial and private client matters. - [David Williams](https://www.whlaw.com.au/team/david-williams/): David established Williams & Hughes in 1986. He practices as a commercial lawyer in the corporate, business and resources fields and has acted on numerous commercial transactions including major acquisitions and sales. - [Jacqueline Ruby](https://www.whlaw.com.au/team/jacqueline-ruby/): EXPERIENCE - [Ross McCallum](https://www.whlaw.com.au/team/ross-mccallum-2/): Ross graduated in law at the University of Western Australia and was admitted as a lawyer in 1979. - [Ashley Macknay](https://www.whlaw.com.au/team/ashley-macknay-2/): During his first 10 years of legal practice, Ashley covered a diverse range of matters, from property law to various types of litigation and advocacy. - [Daniel Tassone](https://www.whlaw.com.au/team/daniel-tassone/): Daniel practices in commercial litigation, with particular experience in trust and estates disputes, confidential information and restraint of trade, shareholder and partnership disputes, and a broad range of matters under the Corporations Act. He also acts in contractual disputes and professional negligence claims involving lawyers, accountants and other advisors. - [Camilla Radenti](https://www.whlaw.com.au/team/camilla-radenti-2/): Camilla practises in commercial litigation, dealing with complex, high-level matters that have been the subject of court hearings or alternative dispute resolution in Western Australia’s major courts including the Supreme Court, the Federal Court and the District Court. - [Helen Burnside](https://www.whlaw.com.au/team/helen-burnside-2/): Helen practises in commercial litigation and has considerable experience in high-level actions that have either been the subject of court hearings or alternate dispute resolution. She has dealt with matters in Western Australia’s major courts, including the Supreme Court, Federal Court, District Court and the State Administrative Tribunal and regularly appears as counsel or junior counsel. - [Shonelle Duthie](https://www.whlaw.com.au/team/shonelle-duthie-2/): Shonelle is a specialist commercial litigator with more than 15 years’ experience.  She commenced her career as an associate in the Supreme Court of Western Australia, initially practised in criminal law for Legal Aid, and then worked in a boutique Perth litigation firm for a number of years.  After a short period with a leading Canadian insurance law firm, Shonelle commenced employment at MDS Legal (now Williams + Hughes). - [Sylvia Simmons](https://www.whlaw.com.au/team/sylvia-simmons-2/): Sylvia is a senior commercial lawyer who worked at a large commercial legal firm in London before moving to Australia in 1994. - [Anthea Shaw](https://www.whlaw.com.au/team/anthea-shaw/): Anthea works predominantly in our Geraldton office, while spending regular time each month in our West Perth office. Moving between both offices provides opportunities for Anthea to assist clients both in Perth and throughout the Midwest region. - [Rebecca Harms](https://www.whlaw.com.au/team/rebecca-harms/): Rebecca obtained her Bachelor of Commerce and Bachelor of Laws degrees from the University of Notre Dame in 2023. She completed Practical Legal Training at the College of Law and was admitted as a lawyer in the Supreme Court of Western Australia in March 2025. - [Yasmin McCann](https://www.whlaw.com.au/team/yasmin-mccann/): Yasmin was admitted to practice in the Supreme Court of Western Australia in November 2022. She graduated with a Bachelor of Laws with Distinction from Murdoch University in 2021. - [Megan Lawler](https://www.whlaw.com.au/team/megan-lawler/): Megan was admitted to practice in the Supreme Court of Western Australia in November 2023 and has a Bachelor of Laws with Distinction from Murdoch University. - [Kilkenny Ong](https://www.whlaw.com.au/team/kilkenny-ong/): Kilkenny was admitted to practice in the Supreme Court of Western Australia in April 2025. She graduated with a Juris Doctor from the University of Western Australia in 2023. She also holds a Bachelor of Commerce majoring in Business Law and Accounting. - [Harry Playford](https://www.whlaw.com.au/team/harry-playford/): Harry was admitted to practice in the Supreme Court of Western Australia in December 2024 and the High Court of Australia in February 2025. He graduated from Notre Dame University in 2023 with a Bachelor of Laws and a Bachelor of Arts (Politics & Journalism). - [Patrick Fry](https://www.whlaw.com.au/team/patrick-fry/): Patrick Fry was admitted to practice in the Supreme Court of Australia in 2023. He graduated with a Bachelor of Laws from Notre Dame University in 2022. - [Daniel Chuah](https://www.whlaw.com.au/team/daniel-chuah/): Daniel works in our commercial law team and specialises in property and commercial transactions, with a strong focus on property development, acquisitions and disposals, property syndication, contract drafting, finance and securities, conveyancing, and leasing. - [Brett Van Groningen](https://www.whlaw.com.au/team/brett-van-groningen-2/): Brett is an experienced Conveyancing Clerk who has been in the industry for over 10 years in residential, commercial, strata, off-the-plan and lifestyle villages. - [June Burton](https://www.whlaw.com.au/team/june-burton/): June is a senior Paralegal who also manages our Geraldton office. She has worked in local law firms for her whole working life. She has extensive experience in estates, wills and property-related matters and a general knowledge of other areas of law.  - [Natasha Halberg](https://www.whlaw.com.au/team/natasha-halberg/): Natasha is a paralegal and personal assistant who works in a team specialising in commercial litigation led by Paul Donovan, together with Helen Burnside, Camilla Radenti and Talia Strutt. Natasha assists on matters attended to by Paul’s team, including matters involving contractual disputes, succession concerns, corporation actions, property law and competition and consumer law. - [Carolina Abrao](https://www.whlaw.com.au/team/carolina-abrao/): Carolina Abrao - [Talia Strutt](https://www.whlaw.com.au/team/talia-strutt-2/): Talia is a law graduate who works in a litigation team led by Paul Donovan, together with Helen Burnside and Camilla Radenti. The team practises in complex litigation matters in the WA courts, including the Supreme Court. ## Blogs - [Williams + Hughes 40th anniversary](https://www.whlaw.com.au/blog/williams-hughes-40th-anniversary/): 1 July 2026 marks a major milestone for Williams + Hughes: it is 40 years since the firm's founding in 1986 as a commercial law firm concentrating on corporate, business, resources and property law. - [AML/CTF changes from 1 July 2026](https://www.whlaw.com.au/blog/aml-ctf-changes-from-1-july-2026/): From 1 July 2026, Australian law firms will be subject to new Anti‑Money Laundering and Counter‑Terrorism Financing (AML/CTF) rules. - [Williams + Hughes merges with MDS Legal](https://www.whlaw.com.au/blog/https-www-whlaw-com-au-blog-williams-and-hughes-merges-with-mds-legal/): Williams + Hughes and MDS Legal merge to strengthen WA’s legal landscape with deeper expertise in commercial, property, and litigation law. - [Choosing the Right Path for Your Acquisition: Understanding Asset vs. Share Transactions in Australia’s Evolving M&A Market](https://www.whlaw.com.au/blog/asset-vs-share-acquisition-guide/): Considering buying or selling a private business? This article outlines the key differences between asset and share acquisitions, including legal, tax, and liability implications, helping you choose the right structure for your next M&A transaction. - [Jackie Ruby and Kim Berrigan join Williams + Hughes, and our new premises in Geraldton](https://www.whlaw.com.au/blog/jackie-ruby-and-kim-berrigan-join-williams-hughes-and-our-new-premises-in-geraldton/): Williams + Hughes are delighted to announce that Jacqueline Ruby and Kim Berrigan at Ruby & Associates, a long standing Geraldton law firm, have joined the Geraldton office of Williams + Hughes Commercial Lawyers. - [Greg Mohen joins Williams + Hughes](https://www.whlaw.com.au/blog/greg-mohen-joins-williams-hughes/): Williams + Hughes are delighted to announce that Greg Mohen has joined our commercial law team. Greg has over 40 years’ expertise in a range of commercial and private client matters. In his commercial legal practice he has represented a variety of clients including Local Governments, pro... - [Anthea Shaw joins Williams + Hughes](https://www.whlaw.com.au/blog/anthea-shaw-joins-williams-hughes/): Williams + Hughes are delighted to announce that Anthea Shaw has joined our commercial team in our Geraldton office. - [Security of Payment for contractors in WA – change coming for the construction industry](https://www.whlaw.com.au/blog/security-of-payment-for-contractors-in-wa-change-coming-for-the-construction-industry/): After being passed by the Legislative Assembly, on 26 May 2021 the Building and Construction Industry (Security of Payment) Bill 2021 was introduced to the Legislative Council for final review. The Bill is expected to pass through Parliament this year and come into effect. The ... - [Williams + Hughes Earns Recertification in Meritas, the Leading Global Alliance of Independent Business Law Firms](https://www.whlaw.com.au/blog/williams-hughes-earns-recertification-meritas-leading-global-alliance-independent-business-law-2/): Williams + Hughes is pleased to announce that it has been awarded recertification in Meritas, a global alliance of independent business law firms. Williams + Hughes joined Meritas in 2014 and, as a condition of its membership, is required to successfully complete recertification every three yea... - [Meritas Welcomes DMAW Lawyers, Adelaide, to the Membership](https://www.whlaw.com.au/blog/meritas-welcomes-dmaw-lawyers-adelaide-to-the-membership/): Leading Adelaide commercial Firm, DMAW Lawyers has been selected to be South Australia’s representative firm for Meritas, the premier global alliance of independent law firms. DMAW Lawyers will become an integral part of the Australia & New Zealand network of firms as well as the worldw... - [Privacy policies and procedures: Australian businesses may have to comply with European GDPR laws](https://www.whlaw.com.au/blog/privacy-policies-and-procedures-australian-businesses-may-have-comply-european-gdpr-laws/): On Friday 25 May 2018 the EU General Data Protection Regulation (GDPR) came into effect, giving residents of the EU increased control over their personal data. Importantly, GDPR extends far beyond the boundaries of Europe. Here we have summarized what this means for Australian... - [COVID-19: Temporary relief for financially distressed individuals, companies and directors](https://www.whlaw.com.au/blog/covid-19-temporary-relief-financially-distressed-individuals-companies-and-directors/): The Australian Federal Government has announced temporary amendments to insolvency and bankruptcy laws, effective from 25 March 2020, to lessen the economic impacts of COVID-19 on individuals and businesses and to allow for business continuity. The legislation passed is called the Coronavirus Econom... - [Covid 19- an overview of the JobKeeper wage subsidy scheme](https://www.whlaw.com.au/blog/covid-19-an-overview-of-the-jobkeeper-wage-subsidy-scheme-williams-hughes-commercial-litigation-lawyers/): The core component of the Federal Government’s business support package in response to the Covid-19 pandemic is the JobKeeper scheme. This scheme is intended to help employers retain employees on their books, with the objective of ensuring money continues to circulate in the economy during the... - [Retail Shop Lease expenditure statements – It can be too late !](https://www.whlaw.com.au/blog/retail-shop-lease-expenditure-statements-it-can-be-too-late/): In a situation that is not unusual in the commercial retail shop leasing space; particularly with small scale commercial landlords, a tenant has paid the landlord’s operating expenses for many years but subsequently realised that perhaps they should have been provided by their landlord with pr... - [Need a new will ? Witnessing wills during Covid-19 in Western Australia](https://www.whlaw.com.au/blog/need-new-will-witnessing-wills-during-covid-19-western-australia/): In Western Australia for a Will to be valid: the Will must be in writing the person making the Will must have "testamentary capacity" the Will must be signed by at least two witnesses in the presence of the person making the Will. The last requirement may be difficult t... - [Covid-19 relief for commercial tenants in Western Australia](https://www.whlaw.com.au/blog/covid-19-relief-commercial-tenants-western-australia/): The State and Commonwealth Governments are in the process of enacting legislation to provide relief to commercial tenants affected by Covid-19. The West Australian State Government has recently passed legislation that limits the ability of a landlord to take certain action against tenants u... - [What tax risks do I take on when I become a company director? (updated)](https://www.whlaw.com.au/blog/what-tax-risks-do-i-take-when-i-become-company-director-updated/): This is a question often asked of lawyers. There are many risks a person is exposed to when they agree to become a company director. Below is an extract from a paper I presented at a Legalwise Seminar "Business Clients: 20 Answers To Their Most Asked Questions" in Perth on 21... - [Clarifying the ability of trustees to expand their powers: the decision in Re Application of Country Road Services Pty Ltd](https://www.whlaw.com.au/blog/clarifying-ability-trustees-expand-their-powers-decision-re-application-country-road-services/): In this article (published in the December 2019 edition of the Law Society Brief magazine) Jonathan Haeusler, Special Counsel, and Michelle Hankey, Solicitor, discuss the court’s decision in Re Application of Country Road Services Pty Ltd NSWSC 779 regarding a trustee’s role ... - [Handshake deals and transfer duty: you can’t avoid paying duty by not documenting the deal](https://www.whlaw.com.au/blog/handshake-deals-and-transfer-duty-you-cant-avoid-paying-duty-not-documenting-deal/): Sometimes two parties to a deal are tempted to use a "handshake agreement" to try avoid paying stamp duty/ transfer duty. Apart from the obvious legal risks about "no-paperwork deals", taking this approach to try avoid paying transfer duty simply will not work ! When is transf... - [Damian Quail elected as President of the WA Mining Club](https://www.whlaw.com.au/blog/damian-quail-elected-as-president-of-the-wa-mining-club/): Williams + Hughes are delighted to recognise the election of one of our Directors, Damian Quail, as President of the WA Mining Club. The WA Mining Club is one of the world's largest mining clubs, with over 700 members. Damian has been an elected member of the management Committee since 2015, ... - [Superannuation guarantee amnesty: one last chance to pay compulsory superannuation for non-complying employers who employ “contractors”](https://www.whlaw.com.au/blog/superannuation-guarantee-amnesty-one-last-chance-pay-compulsory-superannuation-non-complying/): Employee versus contractor? Are you sure? Over the past decade many Australian companies have retained the services of people who claim they are "contractors" not employees. Usually the "contractor" wants to be paid a gross fee/remuneration, stating that they will take ca... - [Disclose the full upfront price or risk breaking the law: new upfront pricing laws apply](https://www.whlaw.com.au/blog/disclose-full-upfront-price-or-risk-breaking-law-new-upfront-pricing-laws-apply/): It is not uncommon for businesses to advertise a headline price for goods and services to their customers, and to only disclose optional costs in the fine print or in a manner that is not necessarily clear to customers. This is no longer permitted. Some businessess will need to change thei... - [Modern slavery legislation: the clock is ticking for Australian companies to prepare their first Modern Slavery Statement](https://www.whlaw.com.au/blog/modern-slavery-legislation-clock-ticking-australian-companies-prepare-their-first-modern/): Modern slavery legislation has been enacted in Australia. Many larger companies are now legally obliged to prepare Modern Slavery Statements and submit these statements to the Australian Federal Government. The Statements will be published on a publicly accessible register. At its broadest, ... - [Minutes of Board Meetings: more than just a “box ticking” exercise](https://www.whlaw.com.au/blog/minutes-board-meetings-more-just-box-ticking-exercise/): The recent Court decision in Voller v Nationwide News Pty Ltd NSWSC 766 (the Voller case) highlights a danger inherent in using social media - social media publications invite comments from a wide variety of users, with a very real risk that some of those comments may convey a defam... - [Vying for social media engagement: More risk than reward?](https://www.whlaw.com.au/blog/vying-social-media-engagement-more-risk-reward/): The importance of minute taking at Board meetings was recently highlighted by the Financial Services Royal Commission. The Governance Institute of Australia and the Australian Institute of Company Directors have collaborated to publish a Joint Statement of Board Minues (Joint Stateme... - [Board Spills – Getting the notice right](https://www.whlaw.com.au/blog/board-spills-getting-notice-right/): The interaction between section 249D and section 203D of the Corporations Act 2001. There has been a significant rise in shareholder activism over the last couple of years. Often this is driven by shareholders with financial capacity and vision for the company, wanting to turn a... - [THE ACCC CONTINUES ITS CRACK DOWN ON THE USE OF UNFAIR CONTRACT TERMS](https://www.whlaw.com.au/blog/accc-continues-its-crack-down-use-unfair-contract-terms/): Uber Eats agreed this week to amend its contracts with restaurants following an investigation by the ACCC. From at least 2016, Uber Eats’ contracts made restaurants responsible for the delivery of food orders despite the restaurants having no control over delivery. Under the contracts, if f... - [Franchising: Federal Court freezes assets of franchisor to protect franchisees who claim they were misled](https://www.whlaw.com.au/blog/franchising-federal-court-freezes-assets-of-franchisor-to-protect-franchisees-who-claim-they-were-misled/): Background Jump Swim is an Australian-based franchisor that sells franchises to franchisees wishing to operate their own Jump Swim School to supply learn-to-swim services to children. According to its website Jump Swim has over 65 swim school locations in Australia, and has established operations... - [Employment law changes from 1 July 2019 – take note !](https://www.whlaw.com.au/blog/employment-law-changes-1-july-2019-take-note/): Employers should take note of changes to the employment landscape that take effect on 1 July 2019. Increase in the National Minimum Wage and modern award rates As discussed in a separate Williams + Hughes Insight, from 1 July 2019 the: national minimum wage will inc... - [Keeping your financials “off the record”: from 1 July 2019 fewer companies need to lodge their financial accounts with ASIC](https://www.whlaw.com.au/blog/keeping-your-financials-record-1-july-2019-fewer-companies-need-lodge-their-financial/): Recent changes to the Corporations Act 2001 remove the need for many companies to lodge annual financial accounts with ASIC. With effect from 1 July 2019, the criteria in the Corporations Act 2001 for classification as a “large proprietary company” have been changed. The revenue, asse... - [Minimum wage increase to apply in Australia from 1 July 2019](https://www.whlaw.com.au/blog/minimum-wage-increase-apply-australia-1-july-2019/): All employers should be aware of the Fair Work Commission's (FWC's) decision regarding the 2018/2019 annual wage review. The FWC announced a 3% increase from the first full day period on or after 1 July 2019 to the: national minimum wage, which will increase to $740.80 per week or $... - [The ACCC is targeting the Australian Wine Sector- winemakers must update their supply contracts with growers](https://www.whlaw.com.au/blog/accc-targeting-australian-wine-sector-winemakers-must-update-their-supply-contracts-growers/): On 3 June 2019 the Australian Competition and Consumer Commission (the ACCC), Australia's competition and consumer protection regulator, released an Interim Report drawing attention to harmful market practices that could be restricting competition in some Australian wine grape growing region... - [Peanut Butter Battle of Jars and Trade Marks](https://www.whlaw.com.au/blog/peanut-butter-battle-jars-and-trade-marks/): Peanut butter is big business in Australia. In 2017 the Australian peanut butter market was worth $110 million in annual sales. A brand recognisable to many Australians - Kraft peanut butter - has been available for purchase in Australia since 1935. The Federal Court recently handed down ju... - [New laws imposing mandatory requirements for businesses that supply services: your T&C’s and website must be updated by 9 June 2019](https://www.whlaw.com.au/blog/new-laws-imposing-mandatory-requirements-businesses-supply-services-your-tcs-and-website-must/): Recent amendments to the Competition and Consumer Regulations 2010 impose new mandatory wording requirements in relation to the supply of services and also the supply of goods in combination with services. The new requirements take effect on 9 June 2019. Failure to comply with the ... - [Business Masterclass Breakfast](https://www.whlaw.com.au/blog/business-masterclass-breakfast/): Matthew Lenhoff presented at Hall Chadwicks’ Business Masterclass breakfast series this morning on legal risk in business and what systems can be implemented to mitigate the prospects of legal dispute. It was great to see many business owners turn up and take the opportunity to better understa... - [Williams + Hughes hosts first Sundowner with Stirling Business Association](https://www.whlaw.com.au/blog/williams-hughes-hosts-first-sundowner-stirling-business-association/): We had a great time co-hosting a night of networking with the Stirling Business Association last night. It was a wonderful opportunity to connect with local business people with the great turnout a testament to the thriving Stirling business community. Thanks to Yvonne, Andreea and Aimee at... - [Security of Payment Reform in the Western Australian Building & Construction Industry](https://www.whlaw.com.au/blog/security-payment-reform-western-australian-building-construction-industry/): On 31 October 2018, the State Government’s Industry Advisory Group published its report on ‘Security of Payment Reform in the WA Building and Construction Industry’. The Report was a response to recent high-profile corporate collapses in the building and construction industry su... - [Trends in Business Payment Disputes](https://www.whlaw.com.au/blog/trends-business-payment-disputes/): Dominique Engelter, Principal, discusses trends in business payment disputes in the latest member blog for the Stirling Business Association. Click here to read the full article. ... - [Work Health & Safety Update – Increased Penalties Passed in Western Australia](https://www.whlaw.com.au/blog/work-health-safety-update-increased-penalties-passed-western-australia/): On 3 October 2018, the Occupational Safety and Health Act 1984 (WA) and the Mines Safety and Inspection Amendment Act 2018 (WA) (collectively the Acts) came into effect, which significantly increased the current penalties for work health and safety offences in Western Australia. The ne... - [WA Mining Club’s Minesite18 released](https://www.whlaw.com.au/blog/wa-mining-clubs-minesite18-released/): The WA Mining Club has released Minesite18, their annual year in review of the WA Mining Industry. Alongside great articles from major players in the WA mining industry you will find an overview of the main legal developments written by Williams + Hughes’ Principal, Damian Quail. Damia.. - [A general introduction to Safe Harbour](https://www.whlaw.com.au/blog/general-introduction-safe-harbour/): What is safe harbour? A common fear for directors when a company is insolvent or nearing insolvency is their personal liability for debts incurred by the company, if the company continues to trade and then ultimately goes into liquidation. This can lead to the pre-emptive appointment of a v... - [Developers and landlords can release their breath – performance bonds and guarantees remain enforceable](https://www.whlaw.com.au/blog/developers-and-landlords-can-release-their-breath-performance-bonds-and-guarantees-remain/): In a decision that would otherwise have had serious ramifications, not only in the construction industry but across other industry sectors such as commercial leasing, developers successfully enforced performance and maintenance bonds where the paying financier tried to dodge payment on the basis of ... - [Sabacc Strikes Back: Disney’s Latest Star Wars Dispute](https://www.whlaw.com.au/blog/sabacc-strikes-back-disneys-latest-star-wars-dispute/): US entertainment monolith Disney is once again flexing its legal muscle in order to protect its evergreen Star Wars brand. This time, the dispute is over a concept that was introduced within the story of its Star Wars movies, called “Sabacc”. This obscure Star Wars indicia was first refe... - [Buying a power boat for the wife – not necessarily an unreasonable director related transaction, but only in the right circumstances](https://www.whlaw.com.au/blog/buying-power-boat-wife-not-necessarily-unreasonable-director-related-transaction-only-right/): In 2013 a WA Supreme Court decision may have caught the attention of small company directors; it seemed using the company’s funds to buy that shiny new boat for the wife might not be a voidable transaction or breach of directors’ duties after all… Unfortunately for some, that d... - [INDEMNITY COSTS AS THE PRICE OF RELIEF AGAINST FORFEITURE – Reasonableness on the weighing scales](https://www.whlaw.com.au/blog/indemnity-costs-price-relief-against-forfeiture-reasonableness-weighing-scales/): Icechest Corp Pty Ltd v Quan WASC 345 is probably the latest Australian iteration of the question of who should bear the legal costs of a successful application for relief against forfeiture of a commercial lease. The decision turned on whether the lessor had acted unreasonably in its init... - [Are you at legal risk? Changes to the Privacy Act: 22 February 2018](https://www.whlaw.com.au/blog/are-you-legal-risk-changes-privacy-act-22-february-2018/): From 22 February 2018 your business has a statutory obligation to report a data breach involving personal information to the Australian Information Commissioner. If this is not handled correctly your business could be at serious risk. Who is subject to the Privacy Act? All businesses and not-f... - [The rise of programmers’ colophons – an intuitive moral rights assertion](https://www.whlaw.com.au/blog/rise-programmers-colophons-intuitive-moral-rights-assertion/): It seems to be a contemporary trend of website and software developers to include words such as “Powered by…” on the landing page of a website. Many websites go further, and might provide a very detailed list of the website designer, website maintenance team, and even the provider... - [“Made in…?”: Country of Origin Labelling Reforms in Australia](https://www.whlaw.com.au/blog/made-country-origin-labelling-reforms-australia/): Recent changes to the Australian Country of Origin Food Labelling Information Standard 2016 (“CoOL”) was no doubt influenced by the notorious frozen berry scare in Australia in 2015, which allegedly linked a hepatitis A outbreak to imported frozen berries. This generated public interest ... - [Limitations on the Prior Use Defence: Cabcharge Australia Limited v E2 Interactive [2017] ATMO 76 (28 July 2017)](https://www.whlaw.com.au/blog/limitations-prior-use-defence-cabcharge-australia-limited-v-e2-interactive-2017-atmo-76-28-july/): On 30 August 2011, e2Interactive Inc. (the Applicant) filed a trade mark registration application for the following logo (the Trade Mark), covering a wide variety of products and services under classes 9, 35, 36, 38, 40, and 41, but mostly in relation to cards, communication, entertainment, and mark... - [Like a Boss: Crossfit Inc v Bossfit Pty Ltd [2017] ATMO 74 (24 July 2017)](https://www.whlaw.com.au/blog/boss-crossfit-inc-v-bossfit-pty-ltd-2017-atmo-74-24-july-2017/): CrossFit, an entirely too vigorous regime of exercise as far as we are concerned, is an international fitness business with many adherents across the world and in Australia. As the evidence in this matter noted, “ licences the CrossFit mark to affiliates throughout the world, ... - [Bye, Innovation Patents (and other news): Australian Productivity Commission – The Federal Government Response](https://www.whlaw.com.au/blog/bye-innovation-patents-and-other-news-australian-productivity-commission-federal-government/): The Australian Federal Government’s response to the controversial Productivity Commission’s Inquiry into Intellectual Property Arrangements was released on Friday. It deals with the many recommendations made by the Commission. Here are some of the highlights, in so far as they directl... - [The Core of the Pink Lady Trade Mark Dispute: High Court of Australia refuses to revisit Apple and Pear Australia Ltd v Pink Lady America LLC [2016] VSCA 280 (23 November 2016)](https://www.whlaw.com.au/blog/core-pink-lady-trade-mark-dispute-high-court-australia-refuses-revisit-apple-and-pear-australia/): In April 2017, the High Court of Australia refused special leave to appeal the decision of the Court of Appeal of the Supreme Court of Victoria. This resolved the long running contractual dispute over the “Pink Lady” trade mark. (It effectively ensures that all use of the “Pink Lad... - [Swiss Style Claims and Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC 129](https://www.whlaw.com.au/blog/swiss-style-claims-and-commissioner-patents-v-abbvie-biotechnology-ltd-2017-fcafc-129/): On 18 August 2017, the Australian Full Federal Court has overturned a prior decision made by the Administrative Appeals Tribunal in 5 September 2016 over Re AbbvVie Biotechnology Ltd APO 45, with regard to several applications for an extension of term for Australian patents 2012261708, 201320... - [Fishing for Phishers: Recent UDRPs brought by the UK Commissioners for HM Revenue and Customs](https://www.whlaw.com.au/blog/fishing-for-phishers-recent-udrps-brought-by-the-uk-commissioners-for-hm-revenue-and-customs/): Phishing, the fraudulent act of soliciting money from members of the public through emailed demands, is a scourge, in which phishers deceive especially the elderly or naive. On 22 February 2017, the Commissioners for Her Majesty’s Revenue and Customs of London (the Complainants) filed a com... - [Snakes and No Ladders: Hoser v Bunnings Group Ltd & Anor [2017] FCCA 1624 (13 July 2017)](https://www.whlaw.com.au/blog/snakes-and-no-ladders-hoser-v-bunnings-group-ltd-anor-2017-fcca-1624-13-july-2017/): Mr Raymond Hoser describes himself as a “globally recognised reptile expert” and is a government-licensed wildlife demonstrator. Mr Hoser owns registered Australian trade marks for the term “snake man” and “Snake man”. Mr Hoser initiated an interlocutory applic... - [Who owns Neptune’s fork?: Trident Seafoods Corporation v Trident Foods Pty Limited [2017] ATMO 39 (3 May 2017)](https://www.whlaw.com.au/blog/who-owns-neptunes-fork-trident-seafoods-corporation-v-trident-foods-pty-limited-2017-atmo-39-3/): A trident, the indicia of the Poseidon, Greek god of the sea (or Neptune for those of a preference for Roman mythology), is one of those valuable symbols which are highly suggestive of marine or maritime goods and services, but which is not descriptive. It is valuable real estate from a marketing pe... - [Trade marks and graphic design: the bear trap of industry themes](https://www.whlaw.com.au/blog/trade-marks-and-graphic-design-bear-trap-industry-themes/): One consideration for graphic designers upon receipt of a brief to design a new brand identity is to mitigate the risk of confusion between a client’s brand and competitors’ brands. There is a tension between this, and rendering a logo so that it looks like it falls into a particular ... - [Curvy Edges and a Credible Expert Witness: Apple Inc [2017] ADO 4 (16 May 2017)](https://www.whlaw.com.au/blog/curvy-edges-and-credible-expert-witness-apple-inc-2017-ado-4-16-may-2017/): On 8 March 2013, Apple, Inc (the Owner) filed a registration application under the Designs Act 2003 (Cth) (“the Act”) for an “Input mechanism for an earphone” (the Design). The Design was entered on the Register of Designs on 27 June 2013 and had a priority date of 8 Septembe... - [OECD/EUIPO Report Reveals Important Details About Most Common Counterfeit Trade Routes](https://www.whlaw.com.au/blog/oecdeuipo-report-reveals-important-details-about-most-common-counterfeit-trade-routes/): The European Union Intellectual Property Office (EUIPO) and the Organisation for Economic Co-operation and Development (OECD) has recently published a new report titled “Mapping the Real Routes of Trade in Fake Goods.” The report uses data collected from 10 different industries, notably ... - [The Concept of “Careful Purchasers” Strikes Again: Basler Electric Company v BOGE Elastmetall GmbH [2017] ATMO 64 (30 June 2017)](https://www.whlaw.com.au/blog/concept-careful-purchasers-strikes-again-basler-electric-company-v-boge-elastmetall-gmbh-2017/): On 17 November 2014, motor and vehicle parts manufacturer BOGE Elastmetall GmbH (the Holder) applied for a trade mark in Australia, relying upon an extension of protection based upon international registration no. 1227675 (“the IRDA”). This was an image mark consisting of a stylised lett... - [Philip Morris Ordered to Pay Australia’s Legal Costs After Failing to Challenge Plain Packaging Laws](https://www.whlaw.com.au/blog/philip-morris-ordered-pay-australias-legal-costs-after-failing-challenge-plain-packaging-laws/): The Permanent Court of Arbitration has recently ordered tobacco company Philip Morris to pay the Australian government’s costs, after Philip Morris failed to get the Australian government’s plain packaging legislation overturned. For the uninitiated, the ... - [Case Note – Swinburne v Boase [2016] WASC 299 – Always Support the Caveat with a Charging Clause or Some Other Express Grant of a Proprietary Interest](https://www.whlaw.com.au/blog/case-note-swinburne-v-boase-2016-wasc-299-always-support-caveat-charging-clause-or-some-other/): It is not uncommon for loan and residential construction agreements (or similar) to include a clause noting the lender is entitled to lodge a caveat over land. Sometimes this happens where a borrower deletes the charging provision/s but retains the provision entitling the lender to lodge a caveat. ...