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Legal insights

  • Why employers require a drug and alcohol policy

    Why employers require a drug and alcohol policy

    Employers need to draft and implement a drug and alcohol policy to protect workers and the business from the risks associated with drug and alcohol use. This article outlines the importance of such a policy.

  • Does a franchise system require registration?

    Does a franchise system require registration?

    This article provides an overview of the legal requirements for franchisors in Australia. Contrary to popular belief, there is no requirement to register a franchise system in the Code, meaning a franchise does not need to be ‘registered’ in Australia.

  • Franchisors’ end of term arrangements – valuation of goodwill versus risk of competition

    Franchisors’ end of term arrangements – valuation of goodwill versus risk of competition

    Section 23 of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) (Code) limits Franchisors in their ability to include restraint of trade clauses in Franchise Agreements, protecting Franchisees if the Agreement is not renewed. Franchisors must be aware of the implications of this Regulation when deciding not to renew an Agreement.

  • Reverse engineering of software – legal boundaries?

    Reverse engineering of software – legal boundaries?

    Reverse engineering software in Australia is complex, with legal implications and cases providing authority on “infringing” verses “non-infringing” reverse engineering. Courts have provided some protection to intellectual property (IP) through licence agreements and distinguishing between ideas and expressions of a program.

  • Deceiving conduct costs Coles a lot of dough: ACCC v Coles Supermarkets Australia Pty Limited [2015] FCA 330

    Deceiving conduct costs Coles a lot of dough: ACCC v Coles Supermarkets Australia Pty Limited [2015] FCA 330

    Coles Supermarkets has been ordered to pay a $2.5 million penalty for breaching the Australian Consumer Law. The Federal Court ruling serves as a reminder to businesses to be aware of their obligations under the Competition and Consumer Act and the Australian Consumer Law.

  • Dallas Buyers Club wins preliminary discovery order

    Dallas Buyers Club wins preliminary discovery order

    The Federal Court of Australia has granted a controversial application that could allow copyright holders to identify and pursue alleged infringers of their work. Find out what conditions were imposed on the copyright holders and what this could mean for the future of online copyright infringement.

  • Plant breeder’s rights – an introduction

    Plant breeder’s rights – an introduction

    This article explores the Plant Breeders Rights Act 1994 (Cth) and its implications for plant variety protection. Learn more about the exclusive rights granted to plant breeders, the registration requirements, and the exceptions that apply.

  • Reseller agreements – order taker or fiduciary

    Reseller agreements – order taker or fiduciary

    A Reseller Agreement is a powerful tool for businesses, but understanding the legal distinctions between a Reseller and an Agent is essential. Discover the key differences and how to protect your business in this informative blog post.

  • Roll ups in M&A transactions explained

    Roll ups in M&A transactions explained

    Roll Up and List strategy requires careful consideration of legal and financial structures. Dundas Lawyers discuss different techniques Acquirers can use to ensure success.

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