Archives for June 2014

Businesses obligations when trading online – Competition and Consumer Act 2010 (Cth)

Last updated 25/08/2015
The advent of the internet and electronic commerce has opened up numerous channels for businesses to sell to customers. It could be said that social media has created new ways similarly engaged with consumers. In some respect the courts have struggled to keep up with the application of the law to the development of the technology [Read more…]

Payroll tax and your business

In Queensland, businesses that pay wages of more than $21,153 a week or are a member of a group that exceed this amount must register to pay payroll tax.[1] Businesses that overlook this obligation risk considerable penalties if they fail to register in time. This article outlines businesses obligation in relation payroll tax and how to take advantage of any exemptions. [Read more…]

Implied terms in software development contracts – the submarine in the code

The case of Peter Peter Pan’s Backpacker Adventure Travel Pty Ltd and Anor v Eye Jam Interactive[1](Pan), whilst not new, presents an interesting yet not unusual fact matrix which commonly occurs in relation to software development. There was a number of issues for the Court to resolve, primarily in regard to the ownership of the copyright in the code in the absence of a signed contract (IP Issue), and whether a term could be implied into an hourly rate contract (Implied Term) that had the effect of limiting the Respondents hourly rate claim where it was alleged that they had spent more time providing the services than was absolutely necessary.
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