Friday, 14 December 2018
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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.


My legal practice is essentially commercial litigation work and employment law.  I also advise clients in intellectual property disputes including trade marks, patents, copyright, designs passing off and confidential information.  I am a registered trade marks attorney and advise extensively in relation to brand protection issues.


I have been involved in a number of significant 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 continuously since 2013 in "Best Lawyers in Australia" for litigation 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.  In 2008, I was admitted as a notary public.

 

Qualifications 

BLegS – Macquarie University


Notary Public


Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)
 

Member, Institute of Patents & Trade Mark Attorneys of Australia (IPTA Australia)
 

Member, International Trade Marks Association (INTA)

Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
A State of Flux: Australia's Point of Consumption Tax - Implications for Wagering Operators
11 December 2018
The South Australian government introduced in July 2017 Australia’s first Point of Consumption Tax (‘POC Tax’) on wagering operators; throughout 2018, Queensland, Victoria, New South Wales, Western Australia and the Australian Capital Territory have each followed suit to implement a similar POC Tax framework in those respective jurisdictions. The Northern Territory, however, has expressed opposition to the introduction of a POC Tax and Tasmania has remained silent.
MORE INFORMATION
Australian Loot Box Inquiry - Harmless Gameplay Enhancement or Predatory Gambling Scheme
07 December 2018
Australia’s Loot Box inquiry has handed down its report, with the majority not recommending any change to the current regulatory regime. The view for the moment at least – is there does not need to be any regulatory intervention to address loot boxes.
MORE INFORMATION

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
 

Qualifications 

BLegS – Macquarie University


Notary Public


Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)
 

Member, Institute of Patents & Trade Mark Attorneys of Australia (IPTA Australia)
 

Member, International Trade Marks Association (INTA)

Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
A State of Flux: Australia's Point of Consumption Tax - Implications for Wagering Operators
11 December 2018
The South Australian government introduced in July 2017 Australia’s first Point of Consumption Tax (‘POC Tax’) on wagering operators; throughout 2018, Queensland, Victoria, New South Wales, Western Australia and the Australian Capital Territory have each followed suit to implement a similar POC Tax framework in those respective jurisdictions. The Northern Territory, however, has expressed opposition to the introduction of a POC Tax and Tasmania has remained silent.
MORE INFORMATION
Australian Loot Box Inquiry - Harmless Gameplay Enhancement or Predatory Gambling Scheme
07 December 2018
Australia’s Loot Box inquiry has handed down its report, with the majority not recommending any change to the current regulatory regime. The view for the moment at least – is there does not need to be any regulatory intervention to address loot boxes.
MORE INFORMATION
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.
View Full Case Study
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.
View Full Case Study
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.
View Full Case Study
 

Qualifications 

BLegS – Macquarie University


Notary Public


Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)
 

Member, Institute of Patents & Trade Mark Attorneys of Australia (IPTA Australia)
 

Member, International Trade Marks Association (INTA)

Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
A State of Flux: Australia's Point of Consumption Tax - Implications for Wagering Operators
11 December 2018
The South Australian government introduced in July 2017 Australia’s first Point of Consumption Tax (‘POC Tax’) on wagering operators; throughout 2018, Queensland, Victoria, New South Wales, Western Australia and the Australian Capital Territory have each followed suit to implement a similar POC Tax framework in those respective jurisdictions. The Northern Territory, however, has expressed opposition to the introduction of a POC Tax and Tasmania has remained silent.
MORE INFORMATION
Australian Loot Box Inquiry - Harmless Gameplay Enhancement or Predatory Gambling Scheme
07 December 2018
Australia’s Loot Box inquiry has handed down its report, with the majority not recommending any change to the current regulatory regime. The view for the moment at least – is there does not need to be any regulatory intervention to address loot boxes.
MORE INFORMATION
Direct Selling Legal Update - December 2018
6/12/2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
View Full Publication
Employment Law in Australia Overview
5/10/2018
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.
View Full Publication
2018 High Income Threshold and Superannuation Contributions Base
2/7/2018
From 1 July 2018, the high income threshold and maximum superannuation contributions base have increased.
View Full Focus Paper
Shedding light on the murky distinction between employees and independent contractors
22/6/2018
This paper will provide a short summary of each criterion which has been considered by the courts in application of their “multifactorial” approach to questions of “employee or independent contractor”.
View Full Focus Paper
Direct Selling Legal Update - June 2018
15/6/2018
Welcome to the latest issue of the Addisons Direct Selling Legal Update. There have been a number of significant issues affecting the direct selling sector which have occurred since our last newsletter. Some of these issues are addressed in this newsletter.
View Full Publication
2017 High Income Threshold and Superannuation Contributions Base
30/6/2017
From 1 July 2017, the high income threshold and maximum superannuation contributions base will increase. High Income Threshold
View Full Focus Paper
Direct Selling Legal Update - June 2017
16/6/2017
Welcome to the latest issue of the Addisons Direct Selling Legal Update.
View Full Publication
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.
View Full Publication
Direct Selling Legal Update - July 2016
4/7/2016
Welcome to the latest edition of the Addisons Direct Selling Legal Update.
View Full Publication
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.
View Full Focus Paper
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].
View Full Focus Paper
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.
View Full Publication
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.
View Full Focus Paper
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).
View Full Focus Paper
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.
View Full Focus Paper
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.
View Full Focus Paper
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.
View Full Publication
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.
View Full Focus Paper
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.
View Full Publication
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.
View Full Focus Paper
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.
View Full Focus Paper
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.
View Full Publication
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.
View Full Focus Paper
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.
View Full Publication
 

Qualifications 

BLegS – Macquarie University


Notary Public


Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)
 

Member, Institute of Patents & Trade Mark Attorneys of Australia (IPTA Australia)
 

Member, International Trade Marks Association (INTA)

Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
A State of Flux: Australia's Point of Consumption Tax - Implications for Wagering Operators
11 December 2018
The South Australian government introduced in July 2017 Australia’s first Point of Consumption Tax (‘POC Tax’) on wagering operators; throughout 2018, Queensland, Victoria, New South Wales, Western Australia and the Australian Capital Territory have each followed suit to implement a similar POC Tax framework in those respective jurisdictions. The Northern Territory, however, has expressed opposition to the introduction of a POC Tax and Tasmania has remained silent.
MORE INFORMATION
Australian Loot Box Inquiry - Harmless Gameplay Enhancement or Predatory Gambling Scheme
07 December 2018
Australia’s Loot Box inquiry has handed down its report, with the majority not recommending any change to the current regulatory regime. The view for the moment at least – is there does not need to be any regulatory intervention to address loot boxes.
MORE INFORMATION