Implied terms in copyright licences

In the generation of software licencing, online subscriptions and software as a service (Saas Contracts), terms and conditions are often agreed to without ever being read and understood.  The case of Hardingham v RP Data Pty Ltd [2019] FCA 2075 has demonstrated why it is essential for content creators to develop standard terms and conditions when providing services, especially when those services lead to the creation of intellectual property. [Read more…]

What are the legal requirements of crowdfunding in business?

The Australian Securities and Investments Commission (ASIC) defines equity-based crowd-sourced funding (CSF) as:

… a company raising funds—usually through an online intermediary—from a large number of individual investors who make relatively small financial contributions to the company… [and] a fundraising option for start-ups or small to medium-sized companies.[1] [Read more…]

What is a Case Management Hearing?

In the Federal Court of Australia, a case management hearing is a meeting of the parties and the Court to identify issues at the earliest possible stage (Case Management Hearing).[1]  They are the essential element of, and main procedure used in achieving, case management.[2]  In Queensland Courts, they are referred to as case management conferences.[3]  Case Management Hearings may be referred to by different terms in each State.  This article discusses Case Management Hearings in the Federal Court. [Read more…]

Companies can no longer e-sign documents

As of 21 March 2021, the Corporations (Coronavirus Economic Response) Determination (No 3) 2020 (Cth) (Determination) lapsed because it reached the end of its six (6) month period as prescribed by section 9(3) of the Determination.  This means that the ability for companies to execute documents electronically, or e-signing, is no longer acceptable under subsection 127(1) of the Corporations Act 2001 (Cth) (Act).  Section 6(3)-(4) of the Determination authorised e-signing in response to the COVID-19 restrictions, as stated in the Explanatory Statement:  [Read more…]

Can a company be wound up under s 461K for failing to achieve its objectives?

The recent New South Wales Supreme Court (NSWSC) case In the matter of Gearhouse BSI Pty Ltd [2021] NSWSC 98 (Gearhouse) provides further guidance on the Court’s power to wind up a company under section 461(1)(k) of the Corporations Act 2001 (Cth) (Act).  This article discusses Gearhouse and how it applies section 461(1)(k). [Read more…]

What is my superannuation taxed at?

Superannuation can be a tax-effective way of saving for retirement and it is well known that employers are required to contribute to their employee’s superannuation funds (Funds) separate to taxable income.[1]  However, taxes still apply to all aspects of Funds.  The rate used differs depending on what is being taxed.  [Read more…]

What is Division 293 tax?

The normal rate at which pre-tax superannuation contributions in excess of $25,000 (Contributions) are taxed is 15% as prescribed by section 291.15 of the Income Tax Assessment Act 1997 (Cth) (ITAA).[1]  However, section 293.15 of the ITAA  includes an additional tax on Contributions (Division 293 Tax) that applies subject to certain criteria.[2]  This article discusses the Division 293 Tax, and to whom it applies.  Superannuation contributions equal to or below $25,000 are referred to as Low Tax Contributions. [Read more…]

Can artificial intelligence be the inventor of a patent?

The advent of artificial intelligence (AI) has raised some interesting legal issues.   One such issue is whether the AI itself can be the ‘inventor’ of a patented invention in Australia.   The recent decision of the Commissioner of Patents of Stephen L. Thaler [2021] APO 5 (Thaler) explores what it means to be an inventor.   This was done to determine whether a “Device for the Autonomous Bootstrapping of Unified Sentience” (DABUS) – an artificial intelligence machine developed from what is known as “Creativity Machine” technology can be named as an inventor for the purpose of an Australian patent application. [Read more…]

Circuit layout rights and how to protect them

Circuit layouts are two-dimensional layout designs or plans (topographies) of three-dimensional integrated circuits used in computers and equipment that relies on computers (such as modern cars, televisions, washing machines, and medical devices).  Circuit layouts are sometimes referred to as computer chip or semi-conductor chip designs. [Read more…]

Implications for directors resigning from 18 February 2021

Last year, the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Phoenixing Act) was enacted to target illegal phoenix activities, where directors create a new company to continue the business of an existing insolvent company to escape paying outstanding debts.  The Phoenixing Act introduces several amendments to the Corporations Act 2001 (Cth) (Corporations Act).  The changes introduced by the Phoenixing Act mainly seeks to prevent directors from improperly backdating resignations or resigning leaving a company without any directors. [Read more…]

Send this to a friend