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QBBC Home Warranty Insurance – part 1
This article examines the Queensland Building and Construction Commission Act 1991 (QBCC Act) and the QBCC Home Warranty Insurance scheme. Find out when you may be able to make a claim for non-completion or defective work.
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Litigation – offers to settle and the rules
This article examines the legal implications of making an offer to settle under the Uniform Civil Procedure Rules 1999 (Qld), exploring the differences between a Rule-based offer and a Calderbank offer. It provides an in-depth look into the costs of litigation for both Plaintiffs and Defendants.
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Software litigation – how much evidence is sufficient?
The Court was asked to decide if the applicant had enough info to begin proceedings for copyright infringement and breach of confidence in Qudos Mutual Ltd v Infosys Ltd [2019] FCA 702. Qudos was not satisfied with what they had, so the Court ordered the production of further documents and source code.
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Has my software been copied? – legal test explained
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
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Termination for incomplete construction
Parties to residential construction contracts should be aware that terminating a contract due to incomplete works can have serious consequences. Find out how to protect yourself and your insurance claim in this case study.
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Company funds must be used for company purposes
This article examines the legal principles behind when it is permissible to use company funds, focusing on the case of Re D G Brims and Sons Pty Ltd (1995) 16 ASCR 559, which established that company funds must only be used for company purposes and not to pay for legal costs of proceedings for the…
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What exactly is a risk management framework?
A risk management framework is essential for any organisation. It outlines risk appetite, risk tolerance, principles of risk management, application to compliance, privacy, and information security. Learn how to build a framework using the AS ISO 31000:2018 Risk Management Guidelines.
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Post-term formation of implied contracts
Learn more about the implications of implied contracts and the legal considerations of such agreements.
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A bet or a game? The Lottoland decision
The Supreme Court of New South Wales has ruled in favour of Lottoland Australia Pty Ltd, affirming that its disputed products fall under the exception of an Excluded Wagering Service as defined by the Interactive Gambling Act 2001 (Cth), clarifying the distinction between ‘bets’ and ‘games’.
