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Contracting with Minors – is it even possible?
In the innovation economy it is becoming more prevalent for individuals aged less than eighteen (18) years (Minors) to seek to build enterprises. From time to time we are asked to consider whether a client can contract with a Minor. The law in Australia[1] and Queensland[2] states that a Minor is someone who has yet…
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What is a trade secret – Australian law?
Trade secrets are essential for business success. Learn about their characteristics, how to protect them, and what is not a trade secret. Get the key takeaways for businesses to maintain a competitive advantage.
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Should you trade mark your business name and logo?
Registering a Word Mark and Composite Mark (Name and Logo) as a trade mark can offer the best protection for a business’ brand. Threshold requirements, scope of protection and implications of not registering both are explained.
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Baseless threats of trade mark infringement
Businesses must be aware of the legal considerations when making allegations of trade mark infringement. Learn more about the Pacific Ale Case and the two possible defences, Section 129(4) and (5) of the Trade Marks Act 1995 (Cth), to protect your brand and avoid potential legal ramifications.
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Enforcing confidentiality agreement terms
Learn how to protect confidential information and the legal remedies available if a breach occurs. Find out what elements must be established for a successful claim.
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What exactly is a “Confidentiality Agreement”?
This article explores the importance of Confidentiality Agreements (NDAs) and what must be established in order to protect confidential information. Learn what elements and expectations are typically found in such agreements.
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Meeting the evidentiary burden for a search order
An Anton Piller Order is usually made without the presence of the respondent (ex parte) and consequently the Courts require the satisfaction of a high evidential threshold before granting orders of this nature. As stated in George Rofail v Landmark Recruitment Pty Ltd and Others [2004] NSWIRComm 260 (7 September 2004), they are usually made…
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Is your confidential information truly protected?
This article examines the complex nuances around protecting confidential information, essential for commercial transactions. It looks at the quality of confidence, circumstances implying an obligation of confidence, and various Court cases to determine the confidentiality of information.
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The risks of ‘manufactured’ business testimonials: lessons from the ACCC
The Federal Court has imposed hefty fines and corrective measures on A Whistle and Co Pty Ltd, a franchisor found guilty of breaching the Australian Consumer Law by publishing fake customer testimonials. This serves as a warning to businesses to engage in genuine and legitimate marketing activities, not deceptive practices.
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