Archives for March 2017

Shadow directors and de facto directors

The definition of “director” in section 9 of the Corporations Act 2001 (Cth) (Act), goes beyond directors validly appointed, and includes de facto directors and shadow directors.  This article explores the level of involvement in the affairs of a company that a person must have to be deemed a de facto director or a shadow director. [Read more…]

The legal obligation for Australian businesses to provide refunds

In Australia, the main piece of legislation governing the supply of goods and services is the Competition and Consumer Act 2010 (Cth) (CCA), which incorporates the Australian Consumer Law (ACL) in Schedule 2.  These obligations apply in addition to the terms and conditions by which a business trades.  The CCA regulates the interaction between businesses and consumers and also between businesses.  How the CCA applies to any particular transaction will depend on whether goods or services are supplied to a consumer.[1]  The effect of a transaction being classed as a consumer transaction is that the consumer guarantee provisions in the CCA will apply. [Read more…]

Groundless threats of copyright infringement

It is often argued that intellectual property rights create an imbalance of power that is open to abuse by rights holders.  In an effort to counter this, section 202(1) of the Copyright Act 1968 (Cth) (Act) provides remedies for groundless threats of legal proceedings for copyright infringement.  This article will discuss the elements that define a threat as “groundless” and the remedies available when such a threat is made. [Read more…]

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