Studio Legal in Windsor, Victoria, Australia | Business service
Studio Legal
Locality: Windsor, Victoria, Australia
Phone: +61 3 9521 2128
Address: First Floor, 110 Chapel Street Windsor 3181 Windsor, VIC, Australia
Website: http://www.studiolegal.com.au
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25.01.2022 The JobKeeper wage subsidy scheme will be updated from September 27. The good news is it has been extended to March 2021! The not so good news is the fortnightly payment will drop for everyone accessing it, and eligibility will be tightened. Full time workers and part time workers who work more than 20 hours per week will receive $1200 a fortnight. Casual workers and part time workers who work less than 20 hours per week will receive $750 a fortnight.... These payments will drop again for the first three months of 2021, to $1000 a fortnight for full time or part time workers working more than 20 hours per week, and $650 for casual and part time workers working less than 20 hours per week. If you have any questions navigating the updates to JobKeeper, get in touch with us on 03 9521 2128 or [email protected] See more
24.01.2022 Has your event been cancelled by the venue during COVID-19? We explain your rights below! Generally a venue must provide a refund (or credit note), if they cancel your event. However if the event is cancelled because of government restrictions, the ACCC advises that your consumer law rights are impacted and you will not necessarily be entitled to a refund, unless the booking T&Cs provide for one. If the booking T&Cs state the venue must provide a refund if governmen...t restrictions force the cancellation of the event, the venue must provide a refund to you, or else they will be in ‘breach of contract’. As is it hard to prove, you should always reject any argument made by the venue that your contract is frustrated and maintain your right to a refund, if stated in booking T&Cs Tip: When negotiating terms for your event booking during COVID-19, make sure the venue agrees to give you a full refund if they are shut down due to any pandemic related matter such as government restrictions. #australianconsumerlaw #consumerlaw #ACL #eventcancellation #forcemajeure #weddings #contractlaw #refunds #contractlawyers #eventlawyers #entertainmentlawyers #weddingplanners #venuehire Photo by Nathan Dumlao on Unsplash See more
22.01.2022 JobKeeper 2.0 Update Last week the Treasurer unveiled changes to JobKeeper 2.0 that will ease the eligibility criteria for enrolment and mean more businesses will qualify for JobKeeper from 28 September. These changes have been made in acknowledgment of the fact that many businesses were experiencing increases in turnover as conditions improved but are now being negatively impacted again by stricter lockdown laws. It was originally announced in July that in order for a busi...ness to be eligible to claim JobKeeper 2.0 from 28 September 2020, they will have to show a reduction in their actual GST turnover of at least 30% (‘the turnover test’) for the June 2020 quarter and the September 2020 quarter. To access JobKeeper 2.0 for the March 2021 quarter, the original requirement was that businesses satisfy the turnover test for the June 2020 quarter, the September 2020 quarter and the December 2020 quarter. The new rules now stipulate that in order to be eligible for the December 2020 quarter, businesses will only need to satisfy the turnover test for the September 2020 quarter and to be eligible for the March 2021 quarter, they will only need to satisfy the turnover test for the December 2020 quarter. In addition to these changes, employees will now qualify for the payments if they were employed on 1 July 2020 rather than 1 March 2020, meaning many workers that were not previously eligible will now qualify for JobKeeper. If you need any further help understanding JobKeeper please get in touch with us at [email protected] or by calling the office on 03 9521 2128.
22.01.2022 Wondering if you need to wear a mask? We explain the new mandatory mask order below! From 11:59pm tonight, all people over the age of 12 living in metropolitan Melbourne and Mitchell Shire will be required to wear a face covering when leaving home to reduce the spread of COVID-19. A face covering includes any mask worn over the nose and mouth and may be medical grade or homemade. If a mask is not available, a scarf or bandana is acceptable. Fines of $200 may be issued t...o people who do not wear a face covering unless they have a valid reason, which may include the following; Medical reasons - including problems with breathing, a serious skin condition on the face, a disability or a mental health condition. Professional reasons - if your job requires clear enunciation or visibility of the mouth (such as teaching in a classroom). Unless this is the case at your workplace, it is mandatory to wear a mask even if you are 1.5 metres away from others. Impracticality reasons - such as going for a run, eating and drinking. Image via raw pixel. See more
18.01.2022 'KYLIE V KYLIE' It’s not exactly new news, but the trade mark battle between Kylie Minogue and Kylie Jenner is one of our faves. And it’s an important reminder on the value of trade marking for those who are, or want to, self-brand. Back in 2015, Jenner filed a number of trade mark applications with the United States Patent and Trademark Office (USPTO) to trade mark ‘KYLIE’ in connection with various goods and services, including advertising, endorsements and appearances, an...d cosmetics (of course). Minogue responded with a cryptic tweet: "Hello..... my name is KYLIE #lightyears", and promptly filed opposition proceedings to block Jenner's registrations. Similarly to the Australian Trade Marks Office, the USPTO will refuse to register a trade mark when the applied-for mark is confusingly similar to an already-registered mark, taking into account not just the similarity of the marks but also the types of goods and services for which the marks are, or are proposed to be, used. Minogue argued that acceptance of Jenner’s applications would lead to confusion among consumers between the two Kylie’s, and damage her brand. In her submissions, Minogue’s legal team highlighted that she is an internationally renowned performing artist, humanitarian and breast cancer activist known to the world simply as Kylie, and pointed to a number of ‘Kylie’-related trade marks owned by Minogue in the United States and her ownership of the domain name ‘kylie.com’. The claws came out when Jenner was dismissed as a secondary reality television personality best known for her photographic exhibitionism and controversial posts on social media. Minogue eventually withdrew her oppositions in 2017, allowing Jenner’s applications to proceed to registration. Since Minogue’s launch of her own beauty endeavour a range of cosmetics all branded with ‘Kylie’ went off without a hitch last year, we can only guess that Minogue agreed to withdraw her oppositions on the proviso that Jenner agree not to pursue her for infringement. #brandwars #trademarks #ip #intellectualproperty #branding #brands #TM #law #iplaw #intellectualpropertystrategist #battleofthebrands #kyliejenner #kylie #kylieminogue
17.01.2022 Studio Legal works with exciting brands and creatively driven businesses and is on the hunt for a commercial lawyer with 3-6 years PAE to become an integral part of the team. We are looking for someone that values creativity, cares deeply about people and has a strong work ethic. Please see link below for more information about the position and how you can apply. https://studiolegal.com.au/we-are-hiring-commercial-lawyer/
16.01.2022 Licensing your live stream... The spike in popularity of live streams has brought copyright licensing issues to the surface and let's be honest, everyones' confused! Studio Legal lawyer/DJ, Sebastian Marcu, helps break things down and clear things up in our most recent blog post (link below). https://studiolegal.com.au/licensing-your-live-stream/ Photo by chris panas on Unsplash
16.01.2022 DOWN ON THEIR LUCK Self-proclaimed ‘cheekily’ named Sydney burger chain, Down N’ Out, has been found to have infringed the registered trade marks of infamous US burger brand In-N-Out, and to have engaged in deceptive and misleading conduct and passing off with respect to its branding and marketing efforts. After receiving a cease and desist from In-N-Out back in 2016, Down N’ Out refused to change its name, arguing that Aussie consumers wouldn’t associate it with In-N-Out bec...ause use of the word ‘down’ connected it with its ‘down under’ location and consumer base, and that Aussie’s would understand ‘Down-N-Out’ to mean someone who was ‘down on their luck’. The Federal Court of Australia disagreed. The overwhelming inference from the evidence at trial was that the name was only chosen because of its resemblance to In-N-Out, and that Down N’ Out had also adopted aspects of In-N-Out’s branding and menu so as to capitalise on In-N-Out’s reputation. The lesson? It’s a fine line between drawing inspiration from another brand and piggybacking on that brand’s reputation. Tread carefully and seek legal advice! Photo by Ashley Green on Unsplash #brandwars #trademarks #ip #intellectualproperty #branding #brands #TM #law #iplaw #intellectualpropertylaw
10.01.2022 JobKeeper 2.0 Update Last week the Treasurer unveiled changes to JobKeeper 2.0 that will ease the eligibility criteria for enrolment and mean more businesses will qualify for JobKeeper from 28 September. These changes have been made in acknowledgment of the fact that many businesses were experiencing increases in turnover as conditions improved but are now being negatively impacted again by stricter lockdown laws. It was originally announced in July that in order for a busi...ness to be eligible to claim JobKeeper 2.0 from 28 September 2020, they will have to show a reduction in their actual GST turnover of at least 30% (‘the turnover test’) for the June 2020 quarter and the September 2020 quarter. To access JobKeeper 2.0 for the March 2021 quarter, the original requirement was that businesses satisfy the turnover test for the June 2020 quarter, the September 2020 quarter and the December 2020 quarter. The new rules now stipulate that in order to be eligible for the December 2020 quarter, businesses will only need to satisfy the turnover test for the September 2020 quarter and to be eligible for the March 2021 quarter, they will only need to satisfy the turnover test for the December 2020 quarter. In addition to these changes, employees will now qualify for the payments if they were employed on 1 July 2020 rather than 1 March 2020, meaning many workers that were not previously eligible will now qualify for JobKeeper. If you need any further help understanding JobKeeper please get in touch with us at [email protected] or by calling the office on 03 9521 2128.
09.01.2022 Our hearts go out to those in Melbourne impacted by the latest lockdown which kicks off today, especially businesses who have been forced to shut or reduce trade. We will continue to offer complimentary phone calls and video calls to discuss lockdown issues, for those hardest hit. If you need help workshopping or accessing the various government incentives, grants and initiatives on offer, or are just struggling and need some guidance, please give us a call in the office 03... 9521 2128 to arrange a time to chat to one of our solicitors. Stay safe Melbourne! Photo by Bryan Garces on Unsplash
08.01.2022 Licensing your live stream... The spike in popularity of live streams has brought copyright licensing issues to the surface and let's be honest, everyones' confused! Studio Legal lawyer/DJ, Sebastian Marcu, helps break things down and clear things up in our most recent blog post (link below). https://studiolegal.com.au/licensing-your-live-stream/ Photo by chris panas on Unsplash
08.01.2022 Has your event been cancelled by the venue during COVID-19? We explain your rights below! Generally a venue must provide a refund (or credit note), if they cancel your event. However if the event is cancelled because of government restrictions, the ACCC advises that your consumer law rights are impacted and you will not necessarily be entitled to a refund, unless the booking T&Cs provide for one. If the booking T&Cs state the venue must provide a refund if governmen...t restrictions force the cancellation of the event, the venue must provide a refund to you, or else they will be in ‘breach of contract’. As is it hard to prove, you should always reject any argument made by the venue that your contract is frustrated and maintain your right to a refund, if stated in booking T&Cs Tip: When negotiating terms for your event booking during COVID-19, make sure the venue agrees to give you a full refund if they are shut down due to any pandemic related matter such as government restrictions. #australianconsumerlaw #consumerlaw #ACL #eventcancellation #forcemajeure #weddings #contractlaw #refunds #contractlawyers #eventlawyers #entertainmentlawyers #weddingplanners #venuehire Photo by Nathan Dumlao on Unsplash See more
08.01.2022 Wondering if you need to wear a mask? We explain the new mandatory mask order below! From 11:59pm tonight, all people over the age of 12 living in metropolitan Melbourne and Mitchell Shire will be required to wear a face covering when leaving home to reduce the spread of COVID-19. A face covering includes any mask worn over the nose and mouth and may be medical grade or homemade. If a mask is not available, a scarf or bandana is acceptable. Fines of $200 may be issued t...o people who do not wear a face covering unless they have a valid reason, which may include the following; Medical reasons - including problems with breathing, a serious skin condition on the face, a disability or a mental health condition. Professional reasons - if your job requires clear enunciation or visibility of the mouth (such as teaching in a classroom). Unless this is the case at your workplace, it is mandatory to wear a mask even if you are 1.5 metres away from others. Impracticality reasons - such as going for a run, eating and drinking. Image via raw pixel. See more
07.01.2022 They say cash is king, but for creatives IP is everything. And yet the complexity and confusion that comes with it often sees IP put in the 'too hard' basket. Introducing the Studio Legal IP Series - a monthly blog series by our solicitor Sarah Ramsey- Caudle, where we demystify IP and provide practical guidance and tips on how best to protect, enforce and commercialise IP assets. Part 1 of our IP Series, 'IP 101', is up on the blog now. Link below. https://studiolegal.com.a...u/ip_101/ #trademarks #ip #intellectualproperty #branding #brands #TM #law #iplaw #intellectualpropertylaw
06.01.2022 Are your staff working from home during COVID or are you thinking about keeping it this way in the future? A study has recently show that two thirds of workers believe they are more productive when working from home, and one in three believe they are less stressed. This is great, but if you are an employer, its super important to remember that you continue to have important legal responsibilities to your staff when working from home. Our latest blog from solicitor Seba...stian Marcu, takes you through some of the most important things businesses need to remember such as 1. Workplace health and safety laws apply! 2. Never underestimate the power of routine and 3. Develop a 'Work From Home' policy. Link below. https://studiolegal.com.au/workingfromhome/
03.01.2022 COVID-19 has created serious challenges for many industries across the world, with the entertainment sector being particularly hard hit. And in Victoria, as we experience our ‘second wave’, things are not looking up any time soon for live music venues. Thankfully, grant funds such as the Victorian Live Music Program have been developed. We highly recommend all live music venues in Victoria (including venues who roster live DJs to perform) apply for this grant before th...e 6th of August cut-off date. There is significant funding available! Check out our blog link below to get the low-down on how to apply and contact us if you need help applying. https://studiolegal.com.au/blog/
02.01.2022 The announcement on Sunday that sent Metropolitan Melbourne into Stage 4 restrictions will have a significant impact on all those affected. Many businesses are experiencing forced closure for the next 6 weeks and there’s no clear end in sight for the hardship that lies ahead. Thankfully, the Victorian and Federal government have put in place supports that may help you or your business make it through these difficult times. Follow the link below to find out more about the JobKeeper extension, paid pandemic leave and the Business Support Fund Expansion. https://studiolegal.com.au/government-relief-for-businesse/
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