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Has my software been copied? – legal test explained
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
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Termination for incomplete construction
Parties to residential construction contracts should be aware that terminating a contract due to incomplete works can have serious consequences. Find out how to protect yourself and your insurance claim in this case study.
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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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What exactly is a risk management framework?
A risk management framework is essential for any organisation. It outlines risk appetite, risk tolerance, principles of risk management, application to compliance, privacy, and information security. Learn how to build a framework using the AS ISO 31000:2018 Risk Management Guidelines.
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Post-term formation of implied contracts
Learn more about the implications of implied contracts and the legal considerations of such agreements.
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A bet or a game? The Lottoland decision
The Supreme Court of New South Wales has ruled in favour of Lottoland Australia Pty Ltd, affirming that its disputed products fall under the exception of an Excluded Wagering Service as defined by the Interactive Gambling Act 2001 (Cth), clarifying the distinction between ‘bets’ and ‘games’.
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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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Changes to ACL – suppliers of services to use compulsory wording
Suppliers of goods and services must now abide by changes to Australian Consumer Law or face hefty penalties. Find out what these regulations are and how they could affect your business.
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Not so swole – Trade marks removed for non-use
The Federal Court examined the evidence needed to prove intention to use a trade mark in good faith. Find out what happened when an application for an extension of time to file a notice of appeal was refused.
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