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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.
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Unfair preferences & the set-off defence
Under section 588FA of the Corporations Act 2001 (Cth) (Act) an unfair preference is defined as a transaction, such as payment of an outstanding debt, between a company and an unsecured creditor which results in that unsecured creditor receiving more than it would have received if it had to prove in the winding up of the…
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Need a reseller agreement?
This article provides an overview of the considerations when entering into a Joint Venture, including inputs, outputs, legal and tax implications of different Joint Venture vehicles. Get the facts you need to make an informed decision.
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Abhorrent violent content prohibited
Organizations hosting abhorrent violent material, such as terrorism, murder, torture, rape and kidnapping, now face hefty fines under the Criminal Code Amendment Act 2019 (Cth), up to 50,000 penalty units or 10% of annual turnover.
Commercial law
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