Business Law

Consumer protection has long been part of our law, shielding the unwary from sharp practices. Perceptions that such aspects of legal and policy development have by-passed the jungle of the commercial world might be misplaced. In recent times commentators have observed a judicial tendency to imply into contractual relationships an obligation to deal "in good faith". This implication will not...

We have been forced to come to terms with a world in which privacy concerns are less about keeping your personal information from others (a near impossible feat in the Digital Age) - but more about limiting its use and dissemination without our consent.1 The Australian Privacy Principles (APPs) were developed to deal with that precise concern through compelling all...

The internet has become one of the primary means by which businesses can connect with their customers; but when creating or updating your website, the law of copyright should always be a primary consideration if you want to avoid the risk of unexpected liability. Photographs, for example, can very easily be searched and viewed online. However by law, the exclusive...

Business relationships; when they're good, they're great, reaping financial rewards and mutual benefits for all parties involved. But what about when they're sour, and what was once a productive working relationship becomes a burden? As we approach the end of the financial year, now is the time to take stock of your existing contracts and consider how do you go...

Traditionally, there have only been two methods by which start-up businesses could raise the funds for their project. Business owners will be familiar with "debt" and "equity" - either take out a loan, or sell a share of your business. In this sphere, the internet is threatening to disturb the status quo. Here it takes the form of "crowdfunding", which...

2015 has well and truly arrived. Hopefully the holiday period gave you the opportunity to regroup and recharge before another busy year. Now is the perfect time to refresh your business, by paying some much deserved attention to your Terms and Conditions. Your Terms and Conditions form the contract between your business and your customers; they lay down what your...

For most businesses their intellectual property (IP) make up a significant proportion of their goodwill and ultimate value. It is therefore imperative that proper safeguards are in place to allow you to identify what IP is yours and to protect it. Every business should have an IP management system to ensure that any (relevant) IP relating to / created in...

No matter what industry you are engaged in, you will no doubt have experienced the stress associated with the purchase, production, re-sale or use of defective goods or materials. It is a common issue, even where goods have been certified compliant with Australian Standards. In addition to the logistical challenges associated with the repair, replacement or refunding of such goods,...

Our firm hosts an annual not-for-profit networking event called "Sweatworking™". The term "Sweatworking" was created by our Director, Susan Proctor in 2012. Given our firm's considerable investment in the event, we sought to protect that investment by applying for a trade mark of the word "Sweatworking". Adverse report Once a trade mark application is lodged, it is reviewed by a...

One of the most polarising federal bud gets in decades, talk of double dissolutions and a unpredictable Senate - with an early election not out of the question, now is a good time to ensure that both you and your business are up to speed on your disclosure obligations when it comes to making financial or other donations to political...

On 5 June 2014 the ACT Government introduced the Payroll Tax Amendment Bill 2014 that will remove the "genuine employer" payroll tax exemption on wages paid to subcontractors by employment agents and payroll agencies (collectively ""agencies"). The bill was originally slated to commence on 1 July 2014, however the Commissioner for ACT Revenue acknowledged this date would have been challenging...

The current tax treatment of employee share schemes in Australia puts our local start-ups at a significant commercial disadvantage to their overseas competitors. Employee share schemes should allow early stage start-ups to attract and retain talented and skilled employees without having to pay them large initial salaries (which the start-ups generally can't afford) by allowing the employees to instead benefit...

The Government is proposing amendments to the Franchising Code of Conduct (the Code); these are tipped to redress a perceived imbalance of p ower in the franchisor - franchisee relationship. The forecast changes include: * introduction of an obligation on both parties to act in good faith; * substitution of some disclosure obligations with a 'short information sheet'; * an...

A statutory demand notice is a formal, attested demand, which if correctly issued and served, gives the debtor company 21 days from the date of service to pay or compromise the debt to the creditor's satisfaction. If the company fails to do so, then it is presumed to be "insolvent". If a debtor company takes issue with the claim in...

Whether you call it an MOU (or memorandum of understanding), a Heads of Agreement or something else, form can never be the victor over substance in the world of "Contract". Entering a Heads can give you comfort, but at what risk and with what effect? The answer lies in whether the Heads agreed records a deal that has been done...

A memorandum of understanding (MOU) can be a useful mechanism to facilitate a comforting commitment between two parties to either informally agree, or to agree to negotiate an agreement. While for some this may inspire confidence and assist in speeding up negotiations, for others, in light of the supposedly non-binding legal nature of such agreements, the MOU is nothing more...