LawConnect LLC

Confidentiality

Athi — Mon, 10 Apr 2023 01:54:33 +0000

Family law decisions by Singapore courts use acronyms of names of parties involved in order to protect the confidentiality of parties involved. Even if you appeal against the judge’s decision take comfort that your name will not be disclosed if the decision is reported. This anonymity is now being canvassed such that accused persons who have not been convicted may also avail of this confidentiality until trial.

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Inheritance & Division of Assets in Family Law

Athi — Mon, 10 Apr 2023 01:45:22 +0000

The general legal position is that inheritance usually remains with the party that inherits the asset whether movable or immovable. However a 2023 decision from the Singapore Court of Appeal differed on this general position when it was proven that one of the parties had expressed a desire to allow the other party to benefit from the inheritance during the marriage. Depending on the facts applicable to your case it is now possible to argue that you could obtain a share in your spouse’s inheritance. The law is not static and any position can be defended or argued.

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Employment Law

Athi — Mon, 10 Apr 2023 01:41:04 +0000

Drafting for Employer and Employee Agreement in Singapore

The term “frolic of your own” usually safeguards a Company from acts of employees not authorized by the Employer. However a recent case has decided that while primary liability rested with the Employee the Employer was also found to be vicariously liable as the Employer owned and had control of the laptop being used by the Employee and the infringement was found to benefit the Employer. Given the decision it may now be incumbent on Employers to have guidelines or policies in place to distance themselves from such acts by their Employees.

Employment Claims Tribunal (ECT) vs Court Proceedings

In a recent case the courts confirmed that it is possible for an applicant to the ECT to make a claim for salary alone at the ECT and make later claims on other disputed commissions and contentious matters arising from the same claim whether by way of another avenue such as . This affords potential employees a faster more convenient approach to resolving disputes especially when it may consist of other contentious claims exceeding the ECT limit

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Asset Recovery against debtors or potential debtors

Athi — Mon, 10 Apr 2023 01:39:15 +0000

While the general legal position is that debtors are not allowed to dispose or deal with their assets with intent to defraud their creditors which are voidable transactions and has long been the legislative position adopted from English common law, a recent case honed in the possibility of arguing that the debtor had done so by compelling disclosure of documents, court orders for search and skillful cross-examination of the debtor even though the transfer of assets had been carried out long before suit was brought against him by the creditor.

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Geographical Indication in Trademarks in Intellectual Property law

Athi — Mon, 10 Apr 2023 01:37:05 +0000

Parmigiano Reggiano is named after the provinces of Parma and Reggio Emilia, where the cheese has been made since the 13th century. The name is legally protected in the European Union and can be used only for cheese produced in Parma, Reggio Emilia, Modena, Bologna to the left of the river Reno, and Mantua to the right of the river Po. A New Zealand competitor lost in his attempt to use the same name to describe his cheese product from NZ though parmesan cheese. Inspite of arguing that the words “Parmigiano Reggiano” was not a literal translation of the word “parmesan” (which is what they had wanted to use ie merely descriptive) Geographical Indication trumps under Singapore law, giving weight to trade related aspects of international rules in disallowing “parmesan” as a descriptive generic term for the NZ cheese products.

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