New Supreme Court forum for IT disputes - 16 June 2009
Victoria is about to see a new forum for the resolution of IT disputes. On 19 June 2009, the Technology, Engineering and Construction List (TEC List) will be introduced as a new judge-managed list in the Supreme Court, under the supervision of Justice Vickery.
Recovering loss of bargain damages - 12 June 2009
In a UK Court of Appeal ruling handed down on 13 February 2009, a customer, after terminating a contract with a supplier, was able to recover loss of bargain damages in addition to amounts already recovered under the contract’s agreed termination and repayment provisions.
Make sure the price is right - 12 June 2009
A recent English case highlights how important it is for software licensees to understand how licence and support fees are structured when they purchase software and support, and to ensure that licence agreements are consistent with the commercial understanding.
Opportunistic Licensors - 12 June 2009
Software licensors and resellers are in business to generate revenue and are entitled to enforce their licence rights for financial gain. But with some licensors this can cross the line into something more opportunistic, or even aggressive. When that happens, you may well feel that you have been backed into a corner. What can you do about it?
Full Court rejects $3.2 million claim for testing back-up copy of software - 27 March 2009
The Full Federal Court has confirmed the first instance decision of McKerracher J in Software AG (Australia) Pty Ltd v Racing & Wagering Western Australia [2009] FCAFC 36, finding that Racing & Wagering WA was contractually entitled to create, install remotely, maintain and test a disaster recovery copy of licensed Software AG software.