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When is a written agreement legally binding – Masters v Cameron revised
Understand the three types of written agreements and when they are legally binding. Learn the action to take if you have questions about the binding effect of a particular contract.
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Is your confidential information truly protected?
This article examines the complex nuances around protecting confidential information, essential for commercial transactions. It looks at the quality of confidence, circumstances implying an obligation of confidence, and various Court cases to determine the confidentiality of information.
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Third line forcing & commercial contracts
Third line forcing is illegal and can lead to serious penalties. Learn what the Competition and Consumer Act 2010 (Cth) says, exemptions, compulsion and Australian Competition and Consumer Commission (ACCC)’s notice form. Understand why it’s prohibited and the consequences of not following the law.
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Franchisor liability for misleading forecasts
An overview of legal requirements for making forecasts in a franchisor-franchisee relationship, and guidance on how to make forecasts that are legally compliant, are explored in this article. Learn how to protect franchisors and franchisees from legal action.
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Tag along rights in shareholder agreements
Learn how tag along rights protect minority shareholders and ensure that the controlling interest of a company remains in the hands of the original shareholders. Find out more by reading this article.
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Legal risks in the in-app purchase model
Software developers and publishers are offering users the chance to make In-App Purchases within their software, but there are legal risks involved. Learn how to protect yourself and your business by understanding the requirements of distribution platforms and Australian consumer law.
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The risks of ‘manufactured’ business testimonials: lessons from the ACCC
The Federal Court has imposed hefty fines and corrective measures on A Whistle and Co Pty Ltd, a franchisor found guilty of breaching the Australian Consumer Law by publishing fake customer testimonials. This serves as a warning to businesses to engage in genuine and legitimate marketing activities, not deceptive practices.
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Unfair contract terms, small businesses and amendments to Australian Consumer Law
The Australian Consumer Law (ACL) is introducing changes to small business contracts, and businesses must be prepared. This article provides guidance on understanding and applying the changes, which come into effect on 12 November 2016. Learn more about how to protect your business from potential detriment.
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Letting go of employees threatening to go to the media
When employees leak confidential information or threaten to go to the media, employers can face serious consequences. Find out what the Fair Work Commission says about this issue and what options employers have to protect themselves.
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