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Do you need to disclose a database?
This article looks at the disclosure requirements for civil litigation in Queensland, and whether computer databases are considered ‘documents’ in this context. Get an overview of the relevant legal precedent and definitions, and discover the key points to consider.
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What exactly is an Initial Coin Offering?
With the rise of cryptocurrencies (think Bitcoin and Ethereum), start-up businesses have engaged in a new method of sourcing funding from would-be investors – Initial Coin Offerings (ICOs). ICOs are becoming an increasingly popular method for new businesses to raise money in a short period of time with minimal effort. As ICOs are a new…
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Software as a service (SaaS) contracts
Drafting a SaaS (Software-as-a-Service) contract requires careful legal consideration. This article covers the business model, Australian Consumer Law (ACL), jurisdiction and choice of law, third party access, data, user-generated content, intellectual property (IP) ownership and major clauses. Learn how to ensure an effective SaaS contract is in place.
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Government’s response to Productivity Commission’s report on intellectual property
The Australian Government is taking steps to shape the future of intellectual property rights. Find out what changes are being proposed and how they could affect you.
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Handling pre-contractual representations in franchising
This case serves as a warning to franchisors to be mindful of their pre-contractual representations. Find out what happened and why the Franchisor was awarded over $650,000 in damages.
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Preventing ex-employees from using your client list
This article examines a Federal Court of Australia decision to grant an interlocutory injunction against a former employee. Learn how the Court reached its decision, what businesses can take away from the case, and find out how to protect your business from similar breaches.
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What if neither party in proceedings takes a step?
The Uniform Civil Procedure Rules 1999 (Qld) (UCPR) outline considerations and rules for a period of inactivity when continuing legal proceedings in the Queensland Courts. Learn more about what to consider when continuing proceedings.
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Holding company responsibility for subsidiary debts
Uncover the factors that affect a holding company’s liability for its subsidiary’s debts. Learn when a holding company can be liable and what defences are available to protect it.
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ASIC v Macdonald – have the lessons really been forgotten?
The case of Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 highlights the importance of properly documenting Directors’ meetings to ensure they are legally compliant. This article examines the facts of the case, the basis of The Australian Securities and Investments Commission’s argument, and the principles of preparing minutes of Directors’…
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