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Data breaches: what is serious harm?
This article looks at the notifiable data breaches scheme, and the factors to consider when determining if an eligible data breach would likely result in serious harm. It also provides an in-depth look at the Office of the Australian Information Commissioner observations in its ‘Notifiable Data Breaches Statistics Report’.
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New Fair Work information statement
In December 2019, the Fair Work Ombudsman updated the Fair Work Information Statement (FWIS). The new FWIS sets out information for businesses about the conditions of employment for new employees. Businesses must issue a copy of the FWIS to all new employees before, or as soon as possible after, they commence employment. This article discusses…
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Insolvent trading – prison for former Kleenmaid director
Former Kleenmaid director, Andrew Young, sentenced to nine years in prison for fraud, criminal insolvent trading and causing $330,000 to be withdrawn from company bank account. Learn more about Australian Securities and Investments Commission (ASIC)’s actions to ensure directors meet their obligations and the consequences of allowing companies to trade whilst insolvent.
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Know-how vs confidential information
Understand the difference between “know-how” and confidential information when it comes to employer-employee relationships. Find out how to protect confidential trade secrets and use broad contractual terms to ensure protection. Click through to get the full details.
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e-Signatures – legally binding on companies?
E-signatures are becoming increasingly popular, but are they legally binding? Find out in this article, which examines the Adelaide Bank case and reveals the limitations of e-signatures when it comes to executing a deed. Click through to learn more.
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IP contracts subject to restrictive trade practice provisions
Learn how the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) affects businesses licensing or assigning intellectual property (IP) rights and the penalties associated with a breach with this comprehensive guide.
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Company funds must be used for company purposes
This article examines the legal principles behind when it is permissible to use company funds, focusing on the case of Re D G Brims and Sons Pty Ltd (1995) 16 ASCR 559, which established that company funds must only be used for company purposes and not to pay for legal costs of proceedings for the…
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The doctrine of repudiation – when deals go bad
Contracting in business can be tricky, but the doctrine of repudiation may provide a way to end a contract and seek compensation. Learn more about this complex topic.
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The running account defence to unfair preference claims
Creditors who have been paid by a customer on credit may find themselves facing an Unfair Preference claim letter from a liquidator. Learn more about the defences available to creditors and how to protect yourself from repaying more than your fair share.
Commercial law
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