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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.
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Director’s identification numbers to become a reality
On 12 June 2020, the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 introduced the requirement for all Australian company directors to have a “Director Identification Number” (DIN). The DIN will become a single identifier for each director across all of their office holdings with the true identity of each director is verified…
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Top 11 legal tips for selling a technology business
These tips include asset sale or share sale, intellectual property ownership, legal and accounting due diligence, change of control issues, restraint of trade clauses, key personnel, and more.
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Division 7A ITTA 1936 (Cth) – compliance & consequences
This article provides an overview of Division 7 of the Income Tax Assessment Act 1936 (Cth), covering advances of moneys and loans between private companies and its shareholders/associates, exceptions to these, and requirements for a compliant Division 7A loan agreement. The implications of failing to have a compliant agreement are explained in this article.
Commercial law
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