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What is the Meaning of Personal Information
Court discussed meaning of “personal info” and when identity can be ascertained. Didn’t define when metadata is personal info, but determined Section 6(1) of the Privacy Act 1988 (Cth) was substantial in making determination.
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The Crowd-sourced Funding Bill 2016 – overview
Revised from the 2015 Bill, the 2016 Bill provides a regulatory framework for Crowd Sourced Funding (CSF) with eligibility requirements, obligations for Intermediaries facilitating the CSF Offers, and restrictions on advertising to protect retail investors.
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Proposed changes to the Copyright Act 1968 (Cth)
The Copyright Amendment (Disability Access and Other Measures) Bill 2017 (Bill) modernises copyright laws and provides greater access to culturally significant materials. Learn more about how this bill could affect the education, libraries and archives sectors, and how it could provide improved access to copyright material for persons with a disability.
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Shadow directors and de facto directors explained
This article examines the legal reality of de facto directors and shadow directors, which go beyond those validly appointed. It also considers whether advisory board members can be classed as such, and the implications of this status, with reference to relevant case law.
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Refund obligations for Australian businesses
In Australia, the main piece of legislation governing the supply of goods and services is the Competition and Consumer Act 2010 (Cth) (CCA), which incorporates the Australian Consumer Law (ACL) in Schedule 2. These obligations apply in addition to the terms and conditions by which a business trades. The CCA regulates the interaction between businesses…
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Groundless copyright infringement threats
This article explores the legal implications of copyright threats, offering guidance on how to protect your intellectual property, and what to do when facing an infringement. Discover valuable insight into the Copyright Act 1968 (Cth) and how to obtain relief.
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Are legal expenses tax deductible for new start-ups?
From 1 July 2015, a newly incorporated company, trust or partnership can immediately deduct a range of professional expenses associated with starting a new business, such as professional, legal and accounting advice. This change was introduced by the Tax Laws Amendment (Small Business Measures No. 3) Act 2015 (Cth) which amended the Income Tax Assessment…
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Software licences classified as “goods” under the ACL
This Federal Court case highlights the risks of supplying goods and services to Australian consumers. Companies should be aware of their legal obligations and seek advice to ensure their contractual terms comply with Australian Consumer Law. Find out more about the case and its implications.
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Are software developers responsible for defects in their software?
Software developers in Australia may face legal liability in negligence and under the Australian Consumer Law. This article examines what is required for negligence in the context of relevant case law.
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