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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Andrew Young, sentenced to nine years in prison for fraud, criminal insolvent trading and causing $330,000 to be withdrawn from company bank account.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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What happens when you betray a Scotsman?
William Wallace, betrayed in Scotland, sought revenge. With Andrew de Moray, he won two battles and earned the title Guardian of Scotland. Betrayed by Robert the Bruce’s father, he was captured and executed with his last word being “Freedom”. A lesson in betrayal’s consequences.
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Innocent copyright infringement explained
This article examines the legal defence of “innocent infringement” in the Copyright Act 1968 (Cth). Find out what evidence is needed to prove both the subjective and objective elements of this defence, and learn the key takeaways to consider when using it in copyright disputes.
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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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Computer code libraries and copyright ownership
The Australian case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 has shed light on how the ownership of copyright in code libraries is determined. Learn more about the dispute and its implications for copyright ownership in this blog post.
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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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New safety standards proposed for online platforms
The Australian Government has proposed an Online Safety Act that could significantly change the way businesses manage user-generated content online. Find out how this proposed Act could affect your business and how you can prepare for it.
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Compilations from the public domain – confidential or not?
The Court of Appeal in Ezystay Systems Pty Ltd v Link 2 Pty Ltd [2014] NSWSC 180 had to re-examine the test for confidential information. It found that for information to be protected, it must have the necessary attributes of confidentiality and must be the product of skill and ingenuity of the human brain.
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Shareholder oppression – valuation issues
The Federal Court granted an order for the inspection of books of the defendant company in Rasley (Singapore) Pte Ltd v Financial & Energy Exchange Ltd [2020] FCA 1462, subject to conditions, as the applicant had established a proper purpose and good faith.
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