Commercial Law

We're wishing our own Eugene Reinboth a big congratulations for being one of the very few solicitors recognised by Doyles Guide as a leading solicitor practicing in both contentious and non-contentious intellectual property matters within the South Australian legal market Doyles guide develops a guide to lawyers each year based on independent research. Upon conclusion of the research stage, individuals and firms are ranked according to volume and quality of positive feedback.  The distinction between tiers of firms and bands of individuals is performed by way of editorial discretion. More information on Eugene Reinboth and his specialist areas can be found below. Areas of Practice Business & Contract Law Commercial & Property Law Intellectual Property Franchising Building and Construction Wills & Estates Licensing, Gaming & Hospitality   About Eugene Eugene joined Belperio Clark in 2009. In addition to his Law degree, Eugene holds a Masters of Business Administration from the University of Adelaide and a Masters of Intellectual Property Law from the University of Melbourne. Eugene has an enormous amount of experience across several areas of practice. Before joining Belperio Clark, he ran his own firm, ‘Reinboths – Business and Intellectual Property Law’ and before that enjoyed working as the managing partner of a long-standing Adelaide law firm. As well...

Written by Eugene Reinboth The High Court recently rejected an appeal by Valve, a US-based company involved in online sales of computer games in Australia. Valve were appealing a three million dollar penalty for non-compliance with the Australian Consumer Law ("ACL"). Despite Valve only having an online presence and no retail outlets in Australia, the critical issue was that sales were to Australian consumers. Valve incurred a $3 million penalty for non-compliance. Your rights as an Australian consumer as protected by the ACL. The ACCC provides this summary of the ACL, which since 2011 has ensured consumer guarantees on products and services. Products Products must be of acceptable quality, which factors in what would normally be expected for the type of product at its cost. For products to be of acceptable quality, they must: Be safe, lasting, and with no faults. Look acceptable Do all the things you would normally expect them to do. Products must also: Match descriptions made by the salesperson on packaging, labels, and in promotions or advertising. Match any demonstration model or sample you asked for. Be fit for the purpose the business told you it would be fit for, and for any purpose that you made known to the business...

Written by Eugene Reinboth The Australia-wide law protecting consumers from unfair terms in standard form consumer contracts came into effect on 1 July 2010. That law was extended to business to business contracts entered into or renewed on or after 12 November 2016. So, if a business prepares and offers you a contract on a ‘take it or leave it’ basis (i.e. you have little or no opportunity to negotiate the terms), it is likely to be a standard form contract. The business-to-business unfair contract terms law applies to contracts for the supply of goods, services, or the sale or grant of an interest in land, where: at least one of the parties is a small business (that employs less than 20 employees, including casual employees) and the upfront price payable2 under the contract is no more than $300 000 (or $1 million if the contract is for more than 12 months). To be unfair, a term must: cause a significant imbalance in the parties’ rights and obligations, and not be reasonably necessary to protect the legitimate interests of the party advantaged by The term, and cause detriment (e.g. financial) to a small business if it were applied or relied upon. As a business, you may be...

“It is quite common these days for various restraint clauses to be inserted in agreements such as for the sale of businesses and employment contracts. The intention is that the purchaser of the business does not wish to lose the clients of the business to the former owner and therefore lose some of the income from the business. Similarly, employers attempt to prevent departing employees from taking clients of the business or fellow employees with them. This is done by the use of what is commonly referred to as non-competition and non-solicitation clauses in the employment contract. These clauses generally deal with the scope of work or activity which the person is prevented from undertaking. They also set out the period and area in which the activity is prohibited. As a general rule, restrictive trade covenants are unenforceable because they impede freedom of trade and the individual liberty of action in trading. There are exceptions to the rule. Care needs to be taken with the drafting of such clauses. In a recent case, the employer sought to enforce the restraint of employment and non-solicitation covenants. At the end of a nine-day trial, the employer was fortunate the Court limited the application of...

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