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The tort of passing off explained
The tort of “passing off” occurs where one trader (Defendant) has wrongly represented that its goods or services are related to those of another (Plaintiff) by imitating the latter’s “get-up”, or look and feel of their product or service.[1] A passing off action is designed to provide a remedy when this situation results in damage to the Plaintiff’s business reputation. It is usually pleaded as an alternative cause of action to misleading and deceptive conduct pursuant to the…
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Changes to monetary threshold for consumer contracts
Businesses have consumer guarantee protections to consider, with the threshold for contracts subject to Australian Consumer Law increasing from $40,000 to $100,000. Find out what changes you need to make to stay compliant with the law, as of 1 July 2021.
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Just and equitable winding up – shareholder oppression
Discontinuing proceedings in the Federal Court of Australia can be costly, as the default position is that the discontinuing party pays the other party’s costs. However, the Court has discretion to award costs and may consider the parties’ conduct and reasons for discontinuance.
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Cooperative marketing funds – what are they?
Franchisors must be aware of their obligations when managing cooperative marketing funds. Learn more about the regulations and potential penalties for non-compliance with the Franchising Code.
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Force majeure clauses tested by pandemic
Explore how COVID-19 may affect contractual obligations through an in-depth look at the legal concept of force majeure. Learn about the elements, nuances, requirements, and insurance implications of this technical area of contract law.
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Marketplace terms and conditions – legal issues
This article explores essential terms and considerations for building marketplace terms and conditions, including establishing the position of the platform operator, user accounts, payment options, intellectual property, disclaimers, liability, indemnities, and the Australian Consumer Law.
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Standard form IT procurement contracts – legal issues
Do you know what to look for in an IT procurement agreement? Learn more about the Queensland government QITC framework and key areas to consider when drafting or negotiating an agreement to protect your company’s commercial value.
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OAIC Notifiable Data Breaches report – July 2020
The OAIC’s Notifiable Data Breaches Report reveals 518 data breaches reported by eligible entities in the first half of 2020. Learn more about the types of personal information involved, the highest reporting sector, and the key takeaways from the report to protect your data.
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Revisiting software as a service agreement
Discover the legal considerations of commercialising a SaaS (Software-as-a-Service) Agreement as a business model. Uncover the key issues to consider when going to market with a SaaS offering, such as subscription terms, service levels, data handling, intellectual property (IP) in customizations, and more.
Commercial law
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