Commercial law

  • Use of confidential information – the springboard injunction

    Use of confidential information – the springboard injunction

    This article examines the UK decision of Forse & ors v Secarma Ltd & ors [2019] EWCA Civ 215, which discussed the legal concept of a springboard injunction, and its implications in Australia. The Court must consider similar principles to determine if an injunction should be granted.

  • Is it a debt? – legal test and creditors’ statutory demands

    Is it a debt? – legal test and creditors’ statutory demands

    This article examines a Court decision that could have a significant impact on creditors making statutory demands. Learn more about the case of Matrix Group Co Pty Ltd [2021] NSWSC 1042, and the implications for creditors, as well as relevant legislation and case law.

  • Swiss company hands over user data

    Swiss company hands over user data

    A Court order in Switzerland raises questions about Australian law enforcement’s ability to access encrypted data. This article explores the legislative perspective on accessing private or business communications, and the steps taken to protect transmitted information.

  • Director identification numbers now a reality

    Director identification numbers now a reality

    The Federal Government has passed a law requiring all directors to obtain a Director Identification Number (DIN). Learn more about the implications of this law, including the potential penalties for non-compliance.

  • Present entitlement in trusts – what it means

    Present entitlement in trusts – what it means

    Explore the High Court’s interpretation of “present entitlement” under the Income Tax Assessment Act 1936 (Cth). Learn when a person has a vested interest in trust assets and how the trustee’s discretion affects the beneficiary’s entitlement.

  • What exactly is a franked dividend?

    What exactly is a franked dividend?

    Discover how dividend imputation works and how the amount of tax you owe on dividends can be affected by your marginal tax rate and the company tax rate. Learn about the different types of franked dividends, such as fully franked and partially franked, and how they can impact your finances.

  • Do I have an implied licence for software?

    Do I have an implied licence for software?

    This article examines the implications of a Federal Court case, which awarded over $1.1 million in damages for unlicensed software use. Learn more about the decision and key principles for software licencing that businesses should consider.

  • Parliament passes Government surveillance bill

    Parliament passes Government surveillance bill

    The Surveillance Legislation Amendment (Identify and Disrupt) Bill 2021 added three (3) warrants, allowing law enforcement to access data and take control of online accounts to obtain evidence of serious online crime.

  • Data breach compliance and response plans

    Data breach compliance and response plans

    Dundas Lawyers create tailored data breach response plans to ensure compliance with the Privacy Act 1988 (Cth). Plans include actions, registers, records, tests and tasks. Get an obligation-free and confidential discussion to learn more.

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