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…]

Artificial intelligence – introductory thoughts on the legal issues

Whenever there is a wave of innovation, in the absence of statute, the Courts necessarily apply old world legal principles to the new technology.  This was certainly the case when social media and online business became mainstream.  Similarly the law in Australia that applies to bitcoin and the blockchain has left the promoters of initial coin offerings (ICO’s) struggling to understand their legal position – see our article titled:  “What is an initial coin offering”.  The advent of artificial intelligence (Artificial Intelligence or AI) however creates somewhat more challenging legal issues to be considered by technology lawyers whose client’s seek to develop applications with embedded AI. [Read more…]

What is a Services Agreement?

A services agreement, also known as a contractors agreement, or a contract for services (Services Agreement) is an agreement under which one party (Supplier) agrees to provide services to another party (Client) in exchange for remuneration.  It is different from a contract of service which is the technical name for an employment contract.   A Services Agreement is often issued in response to a request for proposal.  The Supplier agrees to provide services to the Client by providing a proposal, which the Client rejects or accepts by providing purchase orders.  A suite of documents like this should be read together to fully comprehend the legal relationship between the parties. [Read more…]

Offers to settle: Federal Court Rules c.f. Calderbank offers

In litigation, an offer to settle is an offer by one party to the other to settle the dispute out of Court.  There are numerous advantages to settling a matter out of Court, including reduced legal fees, finality of proceedings and confidentiality of result.  A key issue for litigants when making or receiving an offer to settle is to understand the potential legal costs consequences of rejecting the offer.  In this article, we consider offers to settle in the Federal Court of Australia under both the common law and the Federal Court Rules 2011 (Cth) (Rules).

[Read more…]

Disputing ownership of a patent – joint inventors

The Patents Act 1990 (Cth) (Act) provides the framework for patent registration and regulation in Australia. [Read more…]

What is a data breach response plan and how do I get one?

On 23 February 2018 the notifiable data breach scheme (Scheme) was enacted, through legislation amending the Privacy Act 1988 (Cth) (Privacy Act), making it mandatory for certain (eligible) entities to notify affected individuals about eligible data breaches.  In talking to clients in this area, there appears to be some confusion about what an eligible organisation has to do to prepare for this. [Read more…]

What is an injunction?

An injunction in its simplest form is a Court order directing a person or entity to do a specific thing (Mandatory Injunction) or, more commonly, to not do a specific thing (Prohibitory Injunction).  Whilst an injunction in itself can amount to final relief in a matter, it is generally sought on an interlocutory basis (Interlocutory Injunction) which is where a temporary remedy is sought to maintain the status quo until the larger matter can be heard.  If a temporary order is granted it will generally become permanent if the applicant is successful in the larger claim. [Read more…]

Shareholders’ right to information

One of the tell tale signs of a shareholders’ dispute occurs when those with the access to information restrict access to it for others.  It’s very common for us to see this.  There are several reasons why a shareholder may require company information, primarily where a minority or oppressed shareholder loses control and is removed as a director.  There may be reasonable suspicions that the company is financially unstable or the conduct is oppressive to its shareholders.  These scenarios mean that a shareholder is not being provided with the full information on whether they are being oppressed.  On its face the aggrieved shareholder may think that little can be done.  This is not the case as the Corporations Act 2001 (Cth) (Act) provides for various mechanism for minority shareholders to obtain relevant information from the company.   [Read more…]

Notifiable Data Breach Scheme commences 23 Feb 2018

As of 23 February 2018 a new notifiable data breach scheme (Scheme) will be enacted through legislation amending the Privacy Act 1988 (Cth) (Privacy Act) making it mandatory for certain entities to notify affected individuals about eligible data breaches.

[Read more…]

Dundas Lawyers
Street Address Suite 12, Level 9, 320 Adelaide Street Brisbane QLD 4001

Tel: 07 3221 0013

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