Archives for May 2018

What is security for costs?

The reality of any litigious proceedings is that they cost money (sometimes, lots of money).  Where a party is successful in the proceeding; whether that be successfully proving the claim (Plaintiff) or defending it (Defendant), that party will generally be entitled to their ‘costs’.  Costs refers to the legal expenses incurred by the successful party in prosecuting or defending the claim (as the case may be).  Where a Defendant successfully defends a claim, they may be placed in the frustrating circumstance of facing a Plaintiff who does not have sufficient money to pay the Defendant’s costs.  In this article we consider a Court order designed to alleviate this problem – a security for costs order. [Read more…]

Domain name disputes – the case of eazyjet.com

The right to register and hold a domain name rests in the law of contract and essentially works as a limited licence to use it.  The terms of that contract are determined by the oversight body.  Generic Top Level Domains (gTLD) include .com, .edu and .gov while country code Top Level Domains (ccTLD) include .au and .nz.

While Courts have jurisdiction to hear disputes regarding domain names, referring a matter to the court is rarely the best course of action.  The Uniform Domain Name Dispute Resolution Policy (UDPR) is mandated by the Internet Corporation for Assigned Names and Numbers (ICANN) and enables alternate dispute resolution providers such as the World Intellectual Property Organisation (WIPO) to hear disputes and provide remedies. [Read more…]

Counterclaiming in legal proceedings in Queensland

It is not uncommon for parties to a dispute to each believe that an action lies against the other arising from the same facts.  Where this occurs, and one party (Plaintiff) has commenced proceedings against the other party (Defendant) in Queensland, the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) allows the Defendant to commence their own proceeding against the Plaintiff within the original proceeding, rather than requiring the Defendant to commence a separate legal action.  This is known as a counterclaim.   In this article we consider the nature of a counterclaim and the rules and circumstances that govern its use in proceedings in Queensland Courts. [Read more…]

EU General Data Protection Regulations (GDPR) – How to comply

Similar to the Australian Privacy Principles (APP) as set out in the Australian Privacy Act 1988 (Cth) (Privacy Act), the General Data Protection Regulation (GDPR) ‘lays down rules relating to the protection of natural persons and the processing of their personal data.’  The GDPR came into force on 24 May 2016 and became binding on all European Union (EU) member states on 25 May 2018. [Read more…]

What is a term sheet?

A term sheet (Term Sheet) is a document that sets out the basic terms and conditions on which parties intend to enter into a commercial agreement.  Term Sheets are generally not intended to create legal relations between the parties but rather to form the basis of further discussions, which may be exclusive for a period of time and on a strictly confidential basis.  Once parties reach consensus on the commercial terms of a Term Sheet, a legally binding contract is then drawn up.

 

[Read more…]

Top 7 common mistakes in commercial contracts

When negotiating the terms of commercial contracts there are many pitfalls even for those of us with significant experience in these matters.  For this reason, we’ve put together what we consider to be the ‘Top 7 common mistakes” we see in commercial contracts. [Read more…]

2018 Events

14 June 2018 – Mandatory Data Breach Notification

This event is intended to foster a conversation for Brisbane companies to be up to date on the legal aspect of Notifiable Data Breach laws, as well as how to adopt IT strategies designed to minimise your risks in this area. [Read more…]

Send this to a friend