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What is an “earnout” clause in a business acquisition?
An Earnout Right is further defined as any transaction in which an income-earning asset is sold for consideration that includes the creation of an ‘earnout right’ (Earnout Right) for the seller of the asset.
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Paid family and domestic violence leave for small businesses
The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) (Amending Act) provides that employers must provide 10 days paid leave to all employees. Part-time and casuals also eligible. Confidentiality and ability to take leave in single and separate periods must be respected.
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ACCC consultation environmental and sustainability guidance
The Australian Competition and Consumer Commission releases Draft Guidance to help businesses make environmental and sustainability claims without misleading consumers. Seeking input from stakeholders to ensure guidance is effective and up-to-date with consumer law.
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What are adequate cybersecurity measures?
The adequacy of cyber security measures was considered in the case of Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496 (ASIC v Ri Advice Group). One of the issues raised was whether the respondent had adequate cyber security and cyber resilience in place across its network of financial advisors. …
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National Classification Scheme – proposed federal changes
Albanese Government announces intention to reform National Classification Scheme, proposing R18+ for games simulating gambling and M for computer games with paid loot boxes/in-game purchases linked to chance. Learn more about proposed reforms and if simulated gambling needs to be addressed.
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Misleading and deceptive conduct – Invisalign v SmileDirectClub
The case of Invisalign Australia Pty Limited v SmileDirectClub LLC [2023] FCA 395 (Invisalign v SDC) involved two (2) companies that offer what’s referred to as the “clear aligner teeth straightening treatment” (Clear Aligner). On 23 December 2021, Invisalign Australia Pty Limited (Invisalign) commenced proceedings against SmileDirectClub Australia Pty Ltd and its US parent company…
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Director’s absolute right to access company’s financial records
Directors have a right to access financial records, but how far should they go? This article explores the balance between a director’s right to information and acting reasonably in circumstances.
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Greenwashing on Facebook – ASIC fines Future Super
Learn more about Greenwashing in Australia and the alleged incidents, with Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) responsible for regulating misconduct. ASIC issued an infringement notice to Future Super for making misleading Greenwashing claims on Facebook. Understand the legislative framework and how to avoid making false claims.
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Commercial & contracts lawyer – casual, work from home
Dundas Lawyers, an award-winning boutique commercial law firm in Brisbane and Gold Coast, is looking for a lawyer with 4-10 years PAE and up to 25 hours of flexible work per week. Opportunity to develop technical skills and be client-centric. Contact Tracey Burrows for further info and how to apply.
