Tuesday, 28 February 2017
Media Library
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
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Martin O'Connor
“I am doing my job well for my client when I can avoid litigation, finding a positive outcome for my client without resorting to court action.”
Telephone +61 2 8915 1027
Facsimile +61 2 8916 2027
Email Martin
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The objective that drives my litigation practice is to keep my clients out of Court wherever possible and to seek an alternative to litigation. I see Court litigation as being the last resort and I always endeavour to find a settlement which will deliver a positive outcome for my client that makes them happy.  This approach is one that has delivered the best result for clients in a broad range of disputes over many years.


In matters where Court litigation cannot be avoided, I throw myself whole heartedly into the litigation to deliver the best result for my clients.


In addition to my commercial litigation work and advising on employment law issues, I also advise clients in intellectual property disputes including trade marks, patents, copyright, designs passing off and confidential information. I regularly act for international patent owners in appeals from the Patent Office, and in complex revocation and infringement proceedings before the Federal Court of Australia.


I am also a registered trade marks attorney and advise extensively in relation to brand protection issues. My work has also included significant numbers of trade practices matters particularly those involving consumer protection provisions of the Australian Consumer Law.


I am regularly rated as a leading Australian litigation practitioner in various legal publications including being named in the 2013, 2014 and 2015 editions of "Best Lawyers in Australia" as published in the Australian Financial Review.


Following my admission as a solicitor in 1983, I became a partner of Norton Smith and Co in 1990 and subsequently with international firm Coudert Brothers when these two firms merged. I joined Addisons as a partner in 2005.

 

My work involves:

 

  • Commercial litigation
  • Employment law advice and litigation
  • Arbitrations
  • Intellectual property advice and litigation
  • Alternative dispute resolution
  • Australian Consumer Law advice and litigation
 
KBL Mining
Our team acted for KBL Mining Limited in Supreme Court and Takeovers Panel proceedings against a vexatious lender that instigated a 4 month long campaign to seek to thwart KBL’s refinancing efforts and bring about a default under KBL’s existing loan.
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Partners in Retirement Village
Acting in two Supreme Court proceedings for a group of partners who were the owners of retirement villages in relation to breaches of a Partnership Agreement by one of the other partners.
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Global Manufacturer
Acting in Federal Court proceedings for a major global manufacturer of consumer and professional medical diagnostic products, in successfully proving infringement of four patents in respect of the import into Australia of pregnancy test kits.
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Employment Law in Australia Overview
21/7/2016
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
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Direct Selling Legal Update - July 2016
4/7/2016
Welcome to the latest edition of the Addisons Direct Selling Legal Update.
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2016 High Income Threshold and Superannuation Contributions Base
9/6/2016
From 1 July 2016, the high income threshold and maximum superannuation contributions base will increase.
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When will independent contractors be considered employees? The Australian Federal Court considers this issue in the context of the direct selling industry
26/5/2016
Determining whether a worker is an employee rather than an independent contractor can be difficult! The Australian Federal Court was recently required to determine this issue in Fair Work Ombudsman v Ecosway Pty Ltd [2016].
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Direct Selling Legal Update - December 2015
1/12/2015
Welcome to the latest edition of the Addisons Direct Selling Legal Update. 2015 has seen many developments which will impact Australia’s direct selling sector. We consider some of those issues in this Legal Update.
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2015 High Income Threshold and Superannuation Contributions Base
30/6/2015
From 1 July 2015, the high income threshold and maximum superannuation contributions base will increase.
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FWC Announces Changes to Annual Leave Following the 4 Yearly Review of Awards
29/6/2015
The Fair Work Commission (FWC) has completed its first 4 yearly review of modern awards as required by the Fair Work Act 2009 (Cth).
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No Implied Term of Mutual Trust and Confidence in Teachers’ Employment Contracts
9/6/2015
The Court of Appeal has handed down its decision in what has been the latest in a succession of proceedings brought by Mr Shaw and Ms Salt against the State of New South Wales (State) seeking damages or compensation following the annulment of their probationary appointments as school teachers at Bourke Public School.
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Minimum Wage Increased by $16 Per Week
3/6/2015
The Fair Work Commission has released its annual wage review and has increased the minimum wage by 2.5% which equates to an extra $16 per week for full time employees.
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Direct Selling Legal Update - April 2015
15/4/2015
Welcome to the latest edition of the Addisons Direct Selling Legal Update. In this edition, we take a look at some developments which may impact on those in the direct selling sector.
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Workplace Investigations – Losing Privilege
5/3/2015
The decision of the Federal Circuit Court in Bartolo v Doutta Galla Aged Services Ltd serves as a timely reminder that misconduct investigations carried out by lawyers and the documents produced under such investigations may not have the benefit of legal professional privilege.
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Direct Selling Legal Update - December 2014
3/12/2014
Welcome to the latest edition of the Addisons Direct Selling Legal Update. In this update, we consider a number of recent developments of interest to those in the direct selling sector.
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Employers – Time to Update Existing Employment Agreements
11/6/2014
As the end of another financial year approaches, now is the perfect time for employers to review and update their employee's existing employment agreement.
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Past Conduct Relevant To New Anti-Bullying Legislation
1/5/2014
The Full Bench of the Fair Work Commission (FWC) has handed down its first decision in relation to the anti-bullying provisions to the Fair Work Act 2009 (Cth) (the Act) which came into force on 1 January 2014.
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Direct Selling Legal Update - March 2014
24/3/2014
2014 has got off to a busy start with many local changes of relevance to the direct selling sector. In this update, we consider the following matters and developments.
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Anti-bullying Provisions of Fair Work Act Now in Play
8/1/2014
The anti-bullying provisions of the Fair Work Amendment Act 2013 (Cth) (Act) came into effect on 1 January 2014. The Act implements a number of preventative anti-bullying measures in order to tackle the issue of bullying in the workplace before any long term damage is caused to the worker.
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Who Owns the Rights in Kyle & Jackie O's Facebook Fan Page? - Social Media in the Workplace - Part 2
26/11/2013
Kyle and Jackie O will broadcast their last breakfast show on 2Day FM, which is part of the Southern Cross Austereo network, on Friday, 29 November 2013. With Kyle and Jackie O's pending departure from Austereo to go to a rival network, there have been reports in the media as to a dispute between Austereo and Kyle and Jackie O as to ownership of the "Kyle & Jackie O" Facebook fan page.
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Pornography in the Workplace – Does It Justify Summary Dismissal?
21/11/2013
Both under the common law and under the Fair Work Act 2009 an employee may be summarily dismissed without notice if he or she engages in "serious misconduct".
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Direct Selling Legal Update - Oct 2013
22/10/2013
2013 has seen many interesting developments which impact upon the direct selling sector from a legal and regulatory perspective. In this edition, we highlight and comment upon some of these developments and their implications for the direct selling sector.
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Social Media in the Workplace: Pitfall for Employers
28/2/2013
Social media, considered an ingenious invention by many, is increasingly becoming a necessary tool for most companies and organisations in the expansion, marketing and networking of their business. However, despite the wonders of social media with its ease of accessibility, existence beyond work hours and speed of light communication, its use is not without risk, particularly in workplaces. Management of these risks by employers is crucial to maintain control over the numerous consequences that arise from the unrestricted and undefined use of social media by employees, most of which have a negative impact on businesses.
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Protecting Your Brand from Parallel Importation
11/10/2012
Brand owners have long been concerned about the competition created by goods containing trade marks legitimately purchased in another market and imported and sold in another market for which those goods are not authorised, otherwise known as 'parallel importation'.
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Employment Agreements - Concessional Superannuation Cap Warning
22/6/2012
There are a number of reasons why the terms of an employment agreement should be reviewed and updated from time to time. One good reason why the terms of a senior employee's employment agreement should be reviewed prior to 1 July 2012, is to ensure that the concessional superannuation contributions which are made by the employer on behalf of the employee, either under the terms of the employment agreement or under a salary sacrifice arrangement, do not cause the employee to become liable for penalty tax.
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Online Trade Mark Infringement International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339
4/10/2011
In International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 (IHC Case), Justice Logan of the Federal Court held that the use of an Australian registered trade mark on the website www.affinage.com which was operated by a United Kingdom–based business, constituted use of the trade mark in Australia.
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Sales and Marketing Law - Australia - Tricks of the Trade Practices Act*
14/1/2011
Two decisions of the Federal Court of Australia provide recent examples of business conduct that may contravene provisions of the Trade Practices Act ("TPA") and highlight for businesses certain activities which should be avoided.
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Strata-Titled Properties – When Use of a Building Name Can Infringe Registered Trade Marks – The Mantra Decision
3/5/2010
The 26 March 2010 decision of the Federal Court of Australia in Mantra Group Pty Ltd v Tailly Pty Ltd (No 2) [2010] FCA 291 (Mantra Case) demonstrates the importance of property developers and managers having registered trade marks.
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